Ross et al v. DiGioia et al

Filing 42

ORDER granting 41 Motion for Sanctions; defendant must pay to plaintiffs $900 in attorneys fees as a sanction for his failure to comply with the courts prior order entered on May 2, 2012. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 7/18/2012. (lag, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ROBERT ROSS ET AL.

CIVIL ACTION

VERSUS

NO. 11-1827

JOHN M. DIGIOIA, JR.

SECTION “R” (2)
ORDER

Local Rule 7.5 of the Eastern District of Louisiana requires that memoranda in
opposition to a motion be filed and served no later than eight days before the noticed
submission date. No memorandum in opposition to plaintiffs’ Motion for Relief Under
Rule 37(b)(2)(A, C), Record Doc. No. 41, submitted for decision on July 18, 2012
without oral argument, has been timely submitted. Accordingly, this motion is deemed
to be unopposed, and, further, it appearing to the court that the motion has merit,
IT IS ORDERED that the motion is GRANTED, as follows. Defendant has not
complied with this court’s discovery order entered on May 2, 2012, requiring him to
respond fully and in writing to plaintiffs’ Interrogatory Nos. 1 and 2 and Request for
Production Nos. 1, 5, 6, 7, 8, 11, 17, 18, 19, 20 and 21 of plaintiffs’ first set of discovery
requests and to make all responsive documents available to plaintiffs’ counsel, no later
than May 16, 2012. Record Doc. No. 38. Accordingly, defendant is precluded from
introducing in support of or in opposition to any motion and at trial any proof
(testimonial evidence or documents) concerning the matters in the subject discovery

requests, i.e., the existence of a partnership agreement, construction delays and defects,
breach of contract, improper property management, negligent misrepresentation,
detrimental reliance and the terms and payment of the promissory note and loan at issue
in this lawsuit. Fed. R. Civ. P. 37(b)(2)(A)(ii).
In addition, defendant must pay to plaintiffs $900 in attorney’s fees as a sanction
for his failure to comply with the court’s prior order entered on May 2, 2012, Record
Doc. No. 38. Fed. R. Civ. P. 37(b)(2)(C).
New Orleans, Louisiana, this 18th

day of July, 2012.

JOSEPH C. WILKINSON, JR.
UNITED STATES MAGISTRATE JUDGE

2