Mulligan v. Koop et al

Filing 155

Magistrate Judge David H. Hennessy: ORDER entered re: Jonathan Koop. (Belpedio, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

SHAWN MULLIGAN,
Plaintiff,
v.
JONATHAN KOOP, et al.
Defendants.

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CIVIL ACTION
NO. 15-40072-TSH

ORDER
July 31, 2018
Hennessy, M.J.
By Order of Reference dated May 16, 2018, pursuant to 28 U.S.C. § 636(b)(1)(A)
(Docket #141), this matter was referred to me for a decision on Plaintiff Shawn Mulligan’s
Motion for Default Judgment with respect to Defendants Jonathan Koop and David Jeffress
(Docket #135) as to whether sanctions shall be ordered and a report and recommendation if
default judgment is deemed the appropriate sanction. A hearing on the motion with respect to
Koop was held on July 31, 2018. I hereby take the matter as it relates to Koop under advisement
and set a further hearing date for August 21, 2018 at 11:00 a.m. EDT. I further order the
following:
1. Koop shall sit for his deposition by August 15, 2018.
2. By close of business on August 7, 2018, Koop shall submit any outstanding answers
to the Plaintiff’s Interrogatories. Koop must answer each interrogatory, to the extent
it is not objected to, separately and fully in writing under oath. See Fed. R. Civ. P.
33(b)(3). If Koop objects to an interrogatory, he must state with specificity the
grounds for so objecting. See Fed. R. Civ. P. 33(b)(4). Koop shall supplement his
answers in conformity with Fed. R. Civ. P. 26(e)(1)(A).

3. By close of business on August 7, 2018, Koop shall produce for inspection and
copying any documents subject to the Plaintiff’s Requests for Production of
Documents. For each item or category requested, Koop must either state in writing
that inspection and related activities will be permitted as requested or state with
specificity the ground for objecting to the request, including the reasons. See Fed. R.
Civ. P. 34(b)(2)(B). If Koop does not have possession, custody, or control of the
subject documents, he must so state in writing. Koop shall supplement his production
in conformity with Fed. R. Civ. P. 26(e)(1)(A).
4. By close of business on July 31, 2018, Koop shall produce for inspection and
copying any 2017 tax return extensions for all corporate entities subject to the
document request for 2017 tax returns.
5. By close of business on August 1, 2018, Mulligan shall file a disclosure statement as
required by Federal Rule of Civil Procedure 7.1.
Failure to comply with these directives will necessarily impact the court’s decision on the motion
for default.

/S/ David H. Hennessy
David H. Hennessy
UNITED STATES MAGISTRATE JUDGE

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