Smith v. Groves et al

Filing 32

ORDER DENYING 29 Motion for Sanctions. Signed by Magistrate Judge Donald G. Wilkerson on 1/5/17. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
NAZEER SMITH,
Plaintiff,
v.
C/O GROVES and C/O BOWERMAN,
Defendants.

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Case No. 3:15-cv-1138-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion for Sanctions filed by Plaintiff, Nazeer Smith,
on January 4, 2017 (Doc. 29). The Motion is DENIED.
Defendants have sought two extensions of time to respond to interrogatories served by
Plaintiff but which, according to Defendants, were undated and did not include a certificate of
service (Docs. 27 and 30). The extensions were granted and Defendants’ responses are due by
January 6, 2017 (Doc. 31). Plaintiff, however, asserts that he did attach a certificate of service to
the discovery requests, which included a request to produce.

Thus, Plaintiff argues that

Defendants are providing false and misleading statements to the Court. Counsel for Defendant is
an officer of the court and is presumed to be truthful in his representations to the Court. There is
no showing of prejudice as a result of the dispute regarding the certificate of service. Sanctions
will not issue.
DATED: January 5, 2017

DONALD G. WILKERSON
United States Magistrate Judge
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