United States of America v. James L. Shandy

Filing 30

MEMORANDUM AND ORDER re: 23 MOTION for Sanctions Pursuant to Rule 37(d) filed by Plaintiff United States of America motion is GRANTED..IT IS FURTHER ORDERED that defendant's answer [Doc. #9] is stricken, pursuant to Fed.R.Civ.P. 3 7(b)(2)(A)(iii). IT IS FURTHER ORDERED that the Clerk of Court shall enter default against defendant. Fed.R.Civ.P. 55(a). IT IS FURTHER ORDERED that the government shall, not later than September 17, 2015, file a motion for default judgment, supported by all necessary affidavits and documentation. Signed by District Judge Carol E. Jackson on 8/21/15. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
UNITED STATES OF AMERICA,

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Plaintiff,
vs.
JAMES L. SHANDY,
Defendant.

Case No. 1:14-CV-111 (CEJ)

MEMORANDUM AND ORDER
On July 9, 2015, the court entered an order compelling defendant to “make
the

required

Fed.R.Civ.P.

26(a)(1)

disclosures,

provides

answers

to

the

government’s interrogatories and request for admission, and produce all documents
responsive to the government’s requests for production.” The deadline for
compliance was July 20, 2015. Defendant was warned that “his failure to comply
will be construed as willfulness and bad faith and will result in the
imposition of sanctions as authorized by Rule 37(b)(2)(A), which may
include striking his answer and entering default judgment against him.”
[Doc. #26] (emphasis in original).
On July 27, 2015, the government received a package of documents from
defendant, which included a document entitled “Response to United States First Set
of Request for Admissions and First Set of Interrogatories with Request to Strike
Plaintiff’s Requests for Sanctions under Rule 37(d).” See Gov’t Ex. 1 [Doc. #91].
This

document

merely

reiterates

defendant’s

previous

objections

to

the

government’s claims against him. It does not include the required Rule 26(a)(1)
disclosures or answers to the government’s interrogatories and requests for

admission. The government represents to the court that the additional documents
included in defendant’s mailing do not appear to be responsive to its requests for
production.
The court finds that defendant has willfully and in bad faith failed to comply
with the orders of this court and the Federal Rules of Civil Procedure, and that his
conduct warrants the imposition of sanctions under Rule 37(b)(2)(A). The court
accordingly will strike defendant’s answer and direct the entry of default against
him.
Accordingly,
IT IS HEREBY ORDERED that the government’s motion for sanctions [Doc.
#23] is granted.
IT IS FURTHER ORDERED that defendant’s answer [Doc. #9] is stricken,
pursuant to Fed.R.Civ.P. 37(b)(2)(A)(iii).
IT IS FURTHER ORDERED that the Clerk of Court shall enter default
against defendant. Fed.R.Civ.P. 55(a).
IT IS FURTHER ORDERED that the government shall, not later than
September 17, 2015, file a motion for default judgment, supported by all
necessary affidavits and documentation.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 21st day of August, 2015.
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