Igidi v. Connecticut Department of Correction

Filing 75

ORDER granting defendants' motion 56 to compel and granting in part and denying in part defendants' motion 56 for sanctions. See attached order. An in person status conference is scheduled for 2/10/15 at noon in the East Courtroom. Signed by Judge Donna F. Martinez on 1/23/15. (Constantine, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
EMANUEL IGIDI,

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Plaintiff,
v.
CONNECTICUT DEPARTMENT OF
CORRECTION, et al.,
Defendants.

CASE NO.

3:13cv1338(RNC)

RULING ON MOTION TO COMPEL AND FOR SANCTIONS
The plaintiff Emanuel Igidi brings this action against the
Connecticut

Department

Commissioner

Leo

of

Arnone

Correction
alleging

("DOC")

and

employment

former

DOC

discrimination.

Pending before the court is the defendants' motion to compel and
for sanctions. (Doc. #56.) The defendants request that the court:
(1) order the plaintiff to respond to their discovery requests and
provide a damages analysis and (2) impose sanctions.

For the

reasons set forth below, the motion is granted in part and denied
in part.
Motion to Compel
On September 11, 2014, the defendants served the plaintiff
with

their

"First

Production."
deadline.

Set

of

Interrogatories

and

Requests

for

The plaintiff did not respond within the thirty day

See

34(b)(2)(A).
instant motion.

Fed.

R.

Civ.

P.

33(b)(2),

Fed.

R.

Civ.

P.

On November 13, 2014, the defendants filed the
The plaintiff did not file an opposition to the

motion.1

See D. Conn. L. Civ. R. 7(a)(1) ("Unless otherwise

ordered by the Court, all memoranda in opposition to any motion
shall be filed within twenty-one (21) days of the filing of the
motion. . . .").

The defendants' motion to compel responses to

their September 11, 2014 discovery requests is granted absent
objection.

Pursuant to D. Conn. L. Civ. R. 37(d), the plaintiff's

compliance is due within fourteen days of this order.

The court

warns the plaintiff that "[a] party who flouts [discovery] orders
does so at his peril," Update Art, Inc. v. Modiin Publ'g, Ltd., 843
F.2d 67, 73 (2d Cir. 1988), and that failure to comply with a court
order might result in the imposition of sanctions, including
dismissal.
Damages Analysis
The plaintiff's damages analysis was due November 1, 2014.
(Doc. #42.) The plaintiff is ordered to provide a damages analysis
within fourteen days of this order.
Sanctions
The defendants seek sanctions for the plaintiff's failure to

1

On December 9, 2014, the plaintiff filed a motion for an
extension of time until December 15, 2014 in which to respond to
the motion to compel.
(Doc. #60.)
Judge Chatigny denied the
motion for extension of time without prejudice for "failure to
comply with Local Rule 7." (Doc. #62.) On December 12, 2014, the
plaintiff filed an "amended motion for extension of time." (Doc.
#63.) Judge Chatigny denied the motion for failure to show good
cause. (Doc. #70.)
2

respond to discovery.2 Federal Rule of Civil Procedure 37(a)(5)(A)
provides for the award of reasonable expenses, including attorneys'
fees, when a motion to compel is granted.

There are three

exceptions to the Rule: (i) the movant filed the motion before
attempting in good faith to obtain the disclosure or discovery
without court action; (ii) the opposing party's nondisclosure,
response, or objection was substantially justified; or (iii) other
circumstances make an award of expenses unjust.
exceptions are present here.

None of these

As a result, the defendants are

entitled to recover their reasonable expenses, including attorneys'
fees, incurred to prepare and file their motion to compel.

The

parties are ordered to meet and confer in a good faith effort to
reach an agreement regarding the fees.
to

agree,

the

defendants

may

file

If the parties are unable
a

motion

and

appropriate

affidavits in support of their request.
Status Conference
A status conference is scheduled for February 10, 2015 at noon
in the East Courtroom.
SO ORDERED at Hartford, Connecticut this 23rd day of January,
2015.
___________/s/________________
Donna F. Martinez
United States Magistrate Judge

2

Defendants' cursory requests for preclusion or dismissal are
denied.
3