ORIX Capital Markets, LLC v. 550 Realty Associates, LLC et al

Filing 87

ORDER granting 77 Motion to Compel. Signed by Judge Donna F. Martinez on 1/18/13. (Nichols, J.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
ORIX CAPITAL MARKETS, LLC,
Plaintiff,
v.
550 REALTY ASSOCIATES, LLC
et al.,
Defendants.

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CASE NO. 3:12CV423(RNC)

RULING ON MOTION TO COMPEL
Plaintiff ORIX Capital Markets, LLC brings this foreclosure
action regarding certain real property in Norwalk.

(Doc. #1.)

On April 30, 2012, plaintiff served discovery requests on
counsel for defendants 550 Realty Associates, LLC and Frank M.
Bauco.

Defendants made no response.

they obtained substitute counsel.

In the following months,

On September 28, 2012,

plaintiff re-served those discovery requests on defendants' new
counsel.

It also served discovery requests directed to

defendant Jacqueline Graham.

Defendants again made no response.

On November 29, 2012, plaintiff filed the pending Motion to
Compel, doc. #78.

Defendants filed no response to the motion,

nor have they sought any extension of discovery deadlines.
On January 3, 2013, the court heard oral argument on the
motion.

Defendants argued that their protracted noncompliance

was due to their efforts to "clear up" false records pertaining

to the subject property and to obtain responsive documents from
evasive third parties.

Defendants conceded that there was "no

reason" that plaintiff should not have its discovery and pledged
to serve responsive documents "next week."

They did not offer

any excuse for their failure to seek extensions of discovery
deadlines but argued that monetary sanctions are unwarranted
because they intend to serve discovery responses shortly and
because the motion to compel was routine and required little
effort from plaintiff's counsel.
Plaintiff's Motion to Compel, doc. #77, is GRANTED.
Defendants 550 Realty, Bauco and Graham shall comply in full
with plaintiff's discovery requests within the fourteen-day
deadline set forth in D. Conn. L. Civ. R. 37(d).

Pursuant to

Fed. R. Civ. P. 37(a)(5), plaintiff is awarded the reasonable
expenses incurred in making this motion.

Counsel are encouraged

to confer and agree on the appropriate amount.

Only if they

cannot, plaintiff may apply for a determination of the amount at
the conclusion of the case.
SO ORDERED at Hartford, Connecticut this 18th day of
January, 2013.
____________/s/______________
Donna F. Martinez
United States Magistrate Judge

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