Owens v. Job Works Inc
Filing
48
OPINION AND ORDER denying as moot Jobwork's 44 Motion for Sanctions and granting Jobwork's 45 Amended Motion for Sanctions and ORDERS plaintiff to pay defendant $1,192.60 as a sanction for failing to appear for her own deposition. Signed by Magistrate Judge Paul R Cherry on 10/14/2014. (cc: Owens) (rmn)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
MARLENE R. OWENS,
Plaintiff,
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v.
JOBWORKS, INC.,
Defendant.
Cause No.: 2:12-CV-284-PRC
OPINION AND ORDER
This matter is before the Court on Jobworks, Inc.’s Amended Motion for Sanctions [DE
45], filed on September 19, 2014. Plaintiff, who is proceeding pro se in this case, has not filed a
response, and the time to do so has passed.
Defendant asks the Court to sanction Plaintiff for her failure to appear at her September
17, 2014 deposition. Defendant represents that:
1.
On September 4, 2014, the defense sent Plaintiff a “Notice To Take
Deposition” and Subpoena as well as a letter of explanation. These items
were sent by certified mail and email.
2.
On September 4, 2014, the defense scheduled a court reporter from Fissinger
& Associates, Ltd. to attend and record the deposition of the Plaintiff on
September 17, 2014.
3.
On September 16, 2014, the defense received confirmation from the U.S.
Postal Service that the certified mail had been successfully delivered and
signed for on September 6, 2014.
4.
On September 16, 2014, defense counsel, Michelle K. Floyd, called the
Plaintiff and left a voicemail message for the Plaintiff reminding her that her
deposition was scheduled for the following day at the Hammond Federal
Courthouse at 9:30 a.m. (CST).
5.
Defense counsel received no communication from the Plaintiff that she
would not attend the deposition.
6.
On September 17, 2014, defense counsel, Michelle K. Floyd, and a court
reporter from Fissinger & Associates, Ltd., Melissa Hill, appeared at the
Hammond Federal Courthouse for Plaintiff’s deposition.
7.
Plaintiff did not appear for the deposition.
8.
Court staff called Plaintiff about her failure to appear for the deposition and
successfully reached her three times.
9.
Plaintiff hung up on Court staff three consecutive times.
In light of these failures, Defendant asks for monetary sanctions under Federal Rule of Civil
Procedure 37(d)(1)(A) against Plaintiff in the amount of costs and fees incurred due to her failure
to attend her deposition. Defendant requests the Court order the Plaintiff to pay $1,192.60, which
includes Attorney Michelle K. Floyd’s travel/mileage expenses, her attorney fees (at the rate
designated for the defense of JobWorks, Inc.), and Court Reporter Melissa Hill’s fees/expenses.
Finding the matter well taken and noting Plaintiff’s lack of response, the Court GRANTS
Jobworks, Inc.’s Amended Motion for Sanctions [DE 45] and ORDERS Plaintiff to pay Defendant
$1,192.60 as a sanction for failing to appear for her own deposition. The Court also DENIES as
moot Jobworks, Inc.’s Motion for Sanctions [DE 44].
SO ORDERED this 14th day of October, 2014.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT
cc:
All counsel of record
Plaintiff, pro se
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