Jacobs et al v. City of Horn Lake, Mississippi et al

Filing 42

ORDER granting sanctions pursuant to Rule 37(b)(2)(C) and finding as moot 36 Motion to Compel. Signed by David A. Sanders on 5/11/2011. (sef)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DELTA DIVISION

KENNETH JACOBS, CO-EXECUTOR OF
THE ESTATE AND ACTING ON BEHALF
OF THE WRONGFUL DEATH
BENEFICIARIES OF WILMA JOHNSON,
DECEASED AND MARY ANN COX, COEXECUTOR OF THE ESTATE OF MRS. WILMA
JOHNSON
VERSUS

PLAINTIFFS

CIVIL ACTION NO.: 2:10CV154-M-S

CITY OF HORN LAKE, MISSISSIPPI, CERTAIN
UNKNOWN POLICE OFFICERS OF THE CITY OF
HORN LAKE, MISSISSIPPI, INDIVIDUALLY (JOHN
DOE AND RICHARD DOE), TRONEY JOHNSON,
ALL-STAR SECURITY SERVICES, INC., AND BEN
SKINNER

DEFENDANTS

ORDER
BEFORE THE COURT is the Plaintiffs’ Motion to Compel Discovery from defendant City

of Horn Lake (#36). The defendant has not filed a response to the motion. With its motion, the
plaintiffs provide that:
1.

On January 31, 2011 the court entered a case management order requiring that the
parties serve all pre-discovery disclosures by no later than February 14, 2011.

2.

On March 18, 2011 the plaintiffs’ counsel sent a letter to defense counsel
regarding failure to provide initial disclosures. Prior to this good faith letter,
plaintiffs’ counsel attempted to contact defense counsel via e-mail and telephone.

3.

The present motion was filed on April 12, 2011. Defendant served initial
disclosures on April 28, 2011. These disclosures make the motion to compel

moot. The court notes, however, that the motion would have been granted and
that defendant is therefore responsible for the cost to plaintiffs for filing the
present motion.
IT IS, THEREFORE, ORDERED that the plaintiffs’ motion to compel is MOOT.
IT IS FURTHER ORDERED that pursuant to Rule 37(b)(2)(C), the defendant will pay to
the plaintiffs the reasonable expenses, including attorney’s fees caused by their failure to comply
with an order of the court and her failure to respond to the discovery propounded within the time
provided by the court. The plaintiffs will provide to the court a detailed explanation of the costs,
expenses, and fees incurred as a result of filing the present motion within sixty days.
SO ORDERED this 11th day of May, 2011.

/s/David A. Sanders
U.S. MAGISTRATE JUDGE