Nagle et al v. Gusman et al

Filing 289

ORDER AND REASONS - the Court AFFIRMS the Magistrate Judges order 210 . Darryle Jackson and his counsel of record are jointly liable to plaintiffs in the amount of $6,666.80.. Signed by Judge Sarah S. Vance on 2/17/16. (NEF: Mag2)(jjs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MARGARET GOETZEE NAGLE and
JOHN ERIC GOETZEE

CIVIL ACTION

VERSUS

NO. 12-1910

SHERIFF MARLIN GUSMAN, ET AL.

SECTION "R" (2)

ORDER AND REASONS
On December 3, 2015, plaintiffs Margaret Goetzee Nagle and John Eric
Goetzee moved the Court for sanctions after defendant Darryle Jackson did
not appear at his scheduled deposition on November 16, 2015.1 Jackson
failed to oppose plaintiffs’ motion. 2 On December 23, 2015, the Magistrate
Judge granted plaintiffs’ motion in part and assessed $6,666.80 in sanctions
against Jackson and his counsel.3 Jackson now objects to the Magistrate
Judge’s ruling as “unjust” because Jackson was only one of several
defendants scheduled to be deposed that week, and the other depositions
proceeded as planned.4

1

R. Doc. 205.

2

See R. Doc. 210 at 1.

3

Id. at 3.

4

See R. Doc. 222.

The Court finds that Jackson has not shown that the Magistrate
Judge’s ruling is “clearly erroneous or contrary to law.”

28 U.S.C.

§636(b)(1)(A); Fed. R. Civ. P. 72(a). Jackson does not dispute that he failed
to appear at his scheduled deposition. Nor does Jackson offer any reason for
his failing to appear. Plaintiffs presented extensive evidence to support their
request for attorneys’ fees and expenses in the form of sanctions. The
Magistrate Judge granted that request only in part and excluded all fees and
expenses relating to one of plaintiffs’ attorneys. Jackson’s argument that it
is unjust for him to pay more than a portion of the other attorneys’ expenses
because plaintiffs’ counsel would have incurred these expenses “regardless
of whether Darryle Jackson appeared” is unavailing. 5 Had Jackson appeared
at his deposition in November 2015, plaintiffs’ counsel could have avoided
incurring the additional expenses associated with scheduling a second
deposition for Jackson in February 2016. 6 This objection is overruled.

5

Id. at 4.

Jackson was ultimately deposed on February 2, 2016. See R. Doc.
210; R. Doc. 279.
6

Accordingly, the Court AFFIRMS the Magistrate Judge’s order.7
Darryle Jackson and his counsel of record are jointly liable to plaintiffs in the
amount of $6,666.80.

17th
New Orleans, Louisiana, this ___ day of February, 2016.

____________________________________
SARAH S. VANCE
UNITED STATES DISTRICT JUDGE

7

R. Doc. 210.