Singh v. Wackenhut Corporation
Filing
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ORDER granting 17 Motion for Sanctions; granting 17 Motion to Compel. Plaintiff is ordered to appear for her deposition at defendant's counsel's office within 30 days of the date of this order. Plaintiff shall pay $500 to defendan t for its reasonable costs and fees incurred in plaintiff's failing to appear for her deposition and for the filing of the instant motion; such payment is due no later than 60 days from the date of this order. Signed by Magistrate Judge Docia L Dalby on July 26, 2012. (SR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
SANDRA SINGH
CIVIL ACTION
VERSUS
NUMBER 11-38-JJB-DLD
WACKENHUT CORPORATION
ORDER
This matter is before the court on a referral from the district court on defendant's
motion for sanctions for plaintiff's failure to comply with notice of deposition and to compel
deposition testimony (rec. doc. 17), filed herein on June 26, 2012.
Pursuant to Local Rule
7.4, any opposition to this motion was required to be filed within twenty-one (21) days after
service. Plaintiff's response to the motion was due July 20, 2012, but as of July 26, 2012,
the court has not received such response.
Defendant contends that plaintiff's deposition has been noticed and re-noticed on
four occasions. Plaintiff requested that the dates for the first three notices of deposition be
changed to either accommodate her schedule, or because she was ill or hurt. Defendant
re-set the deposition for the fourth time; however, plaintiff failed to appear for the most
recently scheduled deposition, and failed to provide any valid reasons for her failure to
appear. Defendant requests fees and costs for the multiple notices, time spent preparing
for the depositions, and the fees and costs in connection with this motion. Defendant also
requests that plaintiff be ordered to appear at defendant's counsel's office within thirty (30)
days for deposition. (rec.doc. 17)
GOVERNING LAW AND ANALYSIS
Pursuant to Federal Rule of Civil Procedure 37(d), the court may order sanctions
"[i]f a party . . . fails, after being served with a proper notice to appear for that person's
deposition, including an order requiring the party to pay the reasonable attorney's fees
caused by the failure to appear, unless the failure was "substantially justified or other
circumstances make an award of expenses unjust." Fed. R. Civ. P. 37(d)(3).
Here, plaintiff has not argued that the deposition notice was invalid or defective in
some way, and while the court is aware that plaintiff is proceeding herein pro se, the court
notes that plaintiff has been warned about her failure to appear for deposition in an earlier
lawsuit, Singh v. Wackenhut, 07-173-RET-CN, having been sanctioned $500.00 for her
failure to appear for a properly noticed deposition in that suit. (C.A. 07-173-RET-CN,
rec.doc. 49) Therefore, since plaintiff failed to provide any substantial justification for her
failure to appear for a properly noticed deposition; the court finds that her conduct should
be sanctioned, and will award defendant $500.00 for its reasonable costs and fees.
Further, the court will order that plaintiff appear for her deposition within 30 days of this
order. Defendant shall make a good faith attempt to set the deposition at a mutually
convenient date, and the deposition shall take place at defendant's counsel's Baton Rouge
office.
Also, as plaintiff has now had her deposition set a total of four times previous to this
order, the court advises plaintiff that any further attempts to delay her deposition or
otherwise obstruct the discovery process shall result in the recommendation that: 1) she
be barred from testifying at trial, either in person or by affidavit; 2) further attorney's fees
and costs be awarded; and/or 3) her lawsuit be dismissed pursuant to Rule 37(b).
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Accordingly,
IT IS ORDERED that the motion for sanctions be GRANTED, and plaintiff is ordered
to appear for her deposition at defendant's counsel's office within 30 days of the date of this
order.
IT IS FURTHER ORDERED that plaintiff shall pay $500.00 to defendant for its
reasonable costs and fees incurred in plaintiff's failing to appear for her deposition and for
the filing of the instant motion. Such payment is due no later than 60 days from the date
of this order.
In all other respects, the motion is DENIED.
Signed in Baton Rouge, Louisiana, on July 26, 2012.
MAGISTRATE JUDGE DOCIA L. DALBY
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