Roth Staffing Companies, L.P. v. Brown et al
ORDER denying 103 Motion for Sanctions (see attached): the Brown Defendants must comply with all outstanding discovery requests on or before May 30, 2014. Plaintiff is entitled, at a minimum, to attorney's fees in connection with its 12/11/13 Motion to Compel (see Dkts. ##67-69); plaintiff shall file its Motion for Attorney's Fees on or before May 30, 2014. Signed by Judge Joan G. Margolis on 5/9/2014. (Watson, M.)
ELECTRONIC ORDER ON PLAINTIFF'S MOTION FOR SANCTIONS UNDER FED. R. CIV. P
37(b) (Dkt. #103) IN ROTH STAFFING COS. L.P. V. THOMAS BROWN ET AL,, 13 CV 216
5/9/14 – Under the present Scheduling Order, filed 3/18/14, by U.S. District Judge Janet
Bond Arterton, all discovery is to be completed by 6/30/14. (Dkt. #94, ¶ 1).
On 12/11/13, plaintiff filed its Motion to Compel and for Attorney' Fees (Dkts. ##67-69),
which was granted by this Magistrate Judge on 2/25/14, no timely brief in opposition having
been filed by defendants Brown and OEM Prostaffing, Inc. ["Brown Defendants"]; plaintiff's
request for attorney's fees was denied without prejudice to renew after discovery was
completed, and the Brown Defendants were ordered to comply with the outstanding
discovery requests by 3/14/14. (Dkt. #85).
As set forth in plaintiff's pending Motion for Sanctions Under FED. R. CIV. P. 37(b), filed
4/16/14 (Dkt. #103), the Brown Defendants have failed to comply with the Court's 2/25/14
Electronic Order, so that plaintiff seeks a default judgment against the Brown Defendants
under Rule 37(b)(2)A)(vi), or alternatively, adverse inferences against the Brown Defendants
due to their compliance, prohibiting them from supporting their defenses or opposing
plaintiff's claims, and/or treating them in contempt of court. See FED. R. CIV. P.
37(b)(2)(A)(i), (ii), (vi). In addition, plaintiff seeks attorney's fees for both motions.
Even though the Brown Defendants have not opposed this motion, at this juncture, the
Magistrate Judge will give these two defendants one last opportunity to comply with the
outstanding discovery requests, before imposing a harsh sanction upon them. Accordingly,
the Court orders that the Brown Defendants fully comply with all outstanding discovery
requests on or before May 30, 2014. In addition, at a minimum, plaintiff is entitled to
attorney's fees in connection with its 12/11/13 Motion to Compel as well as this pending
motion. Plaintiff shall file its Motion for Attorney's Fees, brief, affidavit(s) and exhibits on
or before May 30, 2014.
In the event that the Brown Defendants do not fully comply with plaintiff's outstanding
discovery requests, plaintiff is, of course, free to renew its pending motion.
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