Pacific Basin Handymax, Ltd v. Agribusiness United Savannah Logistics, LLC
ORDER granting 6 Motion to Compel. Defendant has 21 days from the date this order is served to respond to all plaintiff's discovery requests. Defendant must also pay plaintiff's reasonable motion-to-compel expenses. Compliance due by 4/20/17. Signed by Magistrate Judge G. R. Smith on 3/29/17. (jrb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
PACIFIC BASIN HANDYMAX,
SAVANNAH LOGISTICS, LLC,
Plaintiff Pacific Basin Handymax, Ltd., sued defendant
Agribusiness United Savannah Logistics, LLC, in the Southern District
of New York.
See CV15-8599 (S.D.N.Y.). Default judgment was
granted against defendant, and plaintiff registered a Certified Foreign
Judgment in the Southern District of Georgia. Docs. 1 & 2. This Court
issued a Writ of Execution on April 19, 2016, in the amount of
$258,310.10. Doc. 3; see also doc. 5-1 (defendant’s acknowledgment of
service of the judgment, certification of judgment, and writ of
execution). Plaintiff proceeded to serve upon defendant interrogatories
and requests for production of documents (the “Post-Judgment
Discovery”) in July 2016, but defendant failed to respond to either the
Post Judgment Discovery or plaintiff’s good-faith letter. Doc. 6-1 at 2
(citing Fed. R. Civ. P. 37 & 69 and Georgia Uniform Super. Ct. Rule
6.4(b)). Plaintiff therefore moves, unopposed, to compel a response, and
to require defendant to pay plaintiff’s reasonable expenses in filing the
Because defendant failed to respond to plaintiff’s motion to
compel, the motion is deemed unopposed under Local Rule 7.5 (no
response means no opposition). Accordingly, plaintiff’s motion to
compel (doc. 6) is GRANTED . Defendant must respond to plaintiff’s
Post-Judgment Discovery requests within 21 days after the date this
Order is served.
Plaintiff also seeks $1,000 in attorney’s fees for the preparation
and filing of the motion to compel. Doc. 6-1. Payment of expenses
(including attorney’s fees), however, typically follows “after giving an
opportunity to be heard.” Fed. R. Civ. P. 37(a)(5)(A). Only if: (1) “the
movant filed the motion before attempting in good faith to obtain the
. . . discovery without court action;” (2) the failure to respond was
justified; or (3) “other circumstances make an award of expenses
unjust,” may a court decline to award expenses to a prevailing party.
None of those exceptions apply here, and defendant had its chance
to be heard. Consequently, the Court ORDERS that defendant pay
plaintiff’s “reasonable expenses incurred in making” its motion to
compel, “including attorney’s fees.” Fed. R. Civ. P. 37(a)(5)(A). Within
21 days, the parties are DIRECTED to confer and make a good faith
effort to resolve this issue. Should the parties be unable to reach an
understanding, the plaintiff may submit an itemized list of expenses
and fees so the Court can issue an expense award. Defendant will then
have 10 days thereafter to contest plaintiffs’ itemization.
In sum, plaintiff’s unopposed motion to compel is GRANTED .
Doc. 6. Defendant has 21 days from the date this Order is served to
respond to all of plaintiff’s discovery requests. Defendant also must pay
plaintiff’s reasonable motion-to-compel expenses -- the amount to be
resolved as directed above.
SO ORDERED, this 29th day of March, 2017.
UNITED STATES MAGISTRATE ILJDGE
SOUTHERN DISTRICT OF GEORGIA
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