Johnson v. Ridge Company The

Filing 65

OPINION AND ORDER GRANTING 56 Renewed Motion for Sanctions. This case is DISMISSED.Defendants Statement of Fees in the amount of $2,266.50 is APPROVED. The Clerk is DIRECTED to enter final judgment in favor of the Defendant in the amount of $2,266.50. Signed by Judge William C Lee on 2/24/2016. (kds) (cc: Johnson)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA

ORLESTER JOHNSON,
Plaintiff,
v.
THE RIDGE COMPANY
Defendant.

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) Cause No.: 3:14-CV-2042-WCL-PRC
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OPINION AND ORDER

This matter is before the Court for an Order on the Defendant’s Renewed Motion for
Sanctions [DE 56] and for approval of the Statement of Attorneys’ Fees [DE 52] filed subsequent
to this Court’s Opinion and Order dated November 9, 2015 approving the Findings and Report and
Recommendation of the Magistrate Judge (“the Approval Order”). [DE 51]. The Renewed Motion
seeks dismissal of the action as the sanction against the Plaintiff, Orlester Johnson (“Johnson”),
who is proceeding pro se¸ for failure to comply with the mandates of the Approval Order.
In this Court’s Approval Order, the Court ordered Johnson to pay costs and attorneys’ fees
related to the Motion for Sanctions and further advised him as follows:
The Plaintiff … has 28 days to file responses to the outstanding discovery requests
set forth in the R[eport] & R[ecommendation]. No further extensions will be
granted and Plaintiff’s failure to respond to the discovery requests within the 28
day time frame may result in additional sanctions INCLUDING DISMISSAL of
his Complaint pursuant to Fed.R.Civ.P. 37(b).
DE 51. Subsequently, the defendant filed its Statement of Attorneys’ Fees seeking $2,266.50 in
attorneys’ fees. [DE 52]. The Court then ordered Johnson to respond to the fee statement within
10 days. [DE 54]. Johnson did not respond. Likewise, Johnson did not file discovery responses
within the time designated in the Court’s Approval Order, but did file some discovery responses
three days late. It is unclear whether these are responses are complete or constitute all the

outstanding discovery sought in the case. Similarly, after the deadline for submitting his
discovery passed, Johnson sought extensions of deadlines to consult with new counsel which the
Magistrate Judge denied citing this Court’s Approval Order. Most recently, on January 19, 2016,
Johnson submitted a letter indicating that he has exhausted his search for counsel to represent
him.
Johnson was expressly warned by the Court that his failure to comply with the Court’s
Approval Order would result in dismissal of his case. This was after months of missed deadlines
and ignoring court deadlines. Unfortunately for Johnson, he continued this pattern by not
responding to this Court’s order requesting his response to the statement of fees and filing his
responses three days past the deadline with no reasonable cause to do so. Given Johnson’s newest
communication that he has exhausted his search for counsel to aid him in his case, the Court has
no reason to believe that his pattern of ignoring Court deadlines, unduly delaying his case, and
inconveniencing the Defendant, Defendant’s counsel and the Court will not continue. For these
reasons, the Renewed Motion for Sanctions is GRANTED and this case is DISMISSED.
Defendant’s Statement of Fees in the amount of $2,266.50 is APPROVED. The Clerk is
DIRECTED to enter final judgment in favor of the Defendant in the amount of $2,266.50.
SO ORDERED.
This 24th day of February, 2016
s/ William C. Lee
United States District Court