Kentucky Forward LLC v. Short et al

Filing 45

MEMORANDUM OPINION AND ORDER: (1) Plaintiff's Motion for Entry of Default 44 is GRANTED; (2) Clerk shall strike the Answer 15 from the record; (3) Clerk shall enter a default against Defendant Paige Shumate Short; (4) at least two weeks bef ore the hearing on damages, counsel and pro se litigant shall: (a) file a list of exhibits; (b) premark and display to opposing counsel or pro se litigant all exhibits intended to be used at the hearing; (c) file a witness list; (d) file a pre-hearin g memorandum brief; (5) at least one week before the hearing on damages, counsel or pro se litigant shall raise any objections or make any motions related to the evidence to be presented at the hearing on damages; and (6) HEARING ON DAMAGES set for 7/5/2016 at 1:00 PM in LEXINGTON before Judge Joseph M. Hood. Signed by Judge Joseph M. Hood on 5/19/2016.(STC)cc: COR,D,P. Short Modified on 5/19/2016 (STC).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON

KENTUCKY FORWARD LLC,
Plaintiff,
v.
PAIGE SHUMATE SHORT, et al.,

Defendants.

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Action No. 5:15-CV-6-JMH

MEMORANDUM OPINION
AND ORDER

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This matter is before the Court on Plaintiff’s Motion for
Default Judgment against Defendant Paige Shumate Short [DE 41].
The Court has already directed the Clerk to enter a default against
Defendant Four Tigers, LLC, [DE 34 and 35] for its failure to
obtain

counsel.

Counterclaim

The

against

Court

also

Plaintiff

dismissed

for

lack

Defendant
of

subject

Short’s
matter

jurisdiction [DE 33].
On November 13, 2015, the Court ordered Defendant Short to
provide

Rule-compliant

responses

to

Plaintiff’s

Requests

for

Admissions by November 23, 2015, or have the Requests deemed
admitted
Defendant

[DE

36].

Short

Interrogatories

to
and

On

November

respond
Requests

December 1, 2015, [DE 38].

to
for

17,

2015,

the

majority

Production

the

Court
of

of

ordered

Plaintiff’s
Documents

by

Pursuant to the Court’s Scheduling

Order [DE 22], discovery in this matter closed on December 8, 2015,
although the Court ultimately extended discovery until January 4,
2016, [DE 40].

Defendant Short did not respond to Plaintiff’s

Interrogatories and Requests for Production of Documents, nor did
she serve Rule-compliant responses to Plaintiff’s Requests for
Admission

[Pl.’s

Mem.

Supp.

Mot.

Default

J.,

p.2,

DE

41].

Defendant Short did not contest Plaintiff’s Motion for Default
Judgment, which was filed over three months ago.

To the Court’s

knowledge, Defendant Short has not participated in defending this
lawsuit since serving her insufficient Responses to Plaintiff’s
Requests for Admissions on August 24, 2015.
Fed. R. Civ. P. 37(b)(2)(A)(vi) permits a court to render a
default judgment against a party who disobeys a court order.

A

“dismissal is an appropriate sanction where the party's failure to
cooperate with the court's discovery orders is due to willfulness.
A willful violation occurs whenever there is a conscious and
intentional failure to comply with the court order.”
Jostens, Inc., 71 F.3d 237, 241 (6th Cir. 1995).

Bass v.

In this case,

the Court provided Defendant Short with additional time to answer
and expressed its concern over levying sanctions such as attorney’s
fees against a pro se Defendant without providing the Defendant
the opportunity to remedy her discovery failure [Order, p. 2, DE
38].

At this juncture, Defendant Short has had approximately six

months since that Order to respond to the discovery as required,
2 

move the Court for some form of relief, or otherwise defend this
lawsuit.
what

Defendant Short’s inaction since August 2015 evidences

the

Court

can

only

conclude

is

a

willful

refusal

to

participate in this lawsuit and intentional failure to comply with
the Court’s orders.
fail

to

comply

with

“A district court may sanction parties who
discovery

orders

in

a

variety

of

ways,

including dismissal of their lawsuit or entry of default judgment
against them.”

Bank One of Cleveland, N.A. v. Abbe, 916 F.2d 1067,

1073 (6th Cir. 1990)
Pursuant to Fed. R. Civ. P. 37(b)(2)(A)(vi)the Court finds
that Defendant Short has failed to obey the Court’s orders, and
failed to respond to the instant motion, despite ample time to do
so, and, therefore, a default judgment is appropriate at this time.
Accordingly, IT IS ORDERED:
(1)

that Plaintiff’s Motion for Entry of Default [DE 44] is
GRANTED;

(2)

that the Clerk shall strike the Answer [DE 15] from the
record;

(3)

that the Clerk shall enter a default against Defendant
Paige Shumate Short;

(4)

that, at least two weeks before the hearing on damages,
counsel and pro se litigant shall:
(a)

file a list of exhibits intended to be used at the

hearing;
3 

(b)

premark and display to opposing counsel or pro se

litigant

all

exhibits

intended

to

be

used

at

the

hearing;
(c)

file a witness list with a brief summary of the

expected testimony of each witness;
(d)

file a pre-hearing memorandum brief containing a

succinct statement of facts and law as related to the
damages sought in this case;
(5)

that, at least one week before the hearing on damages,
counsel or pro se litigant shall raise any objections or
make any motions related to the evidence to be presented
at the hearing on damages; and

(6)

that this matter is set for a hearing on the issue of
damages on July 5, 2016, at the hour of 1:00 p.m., pending
further orders of the Court.

This the 19th day of May, 2016.

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