Hanover Insurance Group, Inc., The v. Zoellner Construction Co., Inc.

Filing 21

MEMORANDUM AND ORDER re: 20 MOTION to Compel and for Sanctions filed by Defendant Zoellner Construction Co., Inc. IT IS HEREBY ORDERED that defendant's motion to compel discovery responses and for sanctions (ECF #20) is GRANTED. I T IS FURTHER ORDERED that plaintiff shall serve complete responses to the Interrogatories and produce all documents responsive to the Request for Production on defendant within ten days. IT IS FURTHER ORDERED that plaintiff shall notify the Court wit hin ten days that it has complied with this order. Failure to comply may result in sanctions, includingdismissal of this action. IT IS FINALLY ORDERED that defendant is granted fifteen days to submit verified documentation in support of a request for attorney's fees and costs associated with the filing of the motion to compel. Plaintiff shall have seven days thereafter to file a response. (Response to Court due by 4/11/2016.) Signed by District Judge Stephen N. Limbaugh, Jr on 4/1/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
THE HANOVER INSURANCE GROUP, INC.,)
)
Plaintiff,
)
)
v.
)
)
ZOELLNER CONSTRUCTION CO., INC.,
)
)
Defendant.
)

Case No. 1:14CV175 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on defendant's motion to compel discovery
responses and for sanctions. Plaintiff has failed to respond to the motion, and the
deadline for responding has passed. The Court will grant the motion.
Defendant states that plaintiff has failed to respond to written discovery.
Specifically, defendant submitted Interrogatories and Request for Production to plaintiff
in July 2015. The discovery was e-mailed in Word format and mailed by U.S. mail
postage prepaid to plaintiff's counsel. Plaintiff has failed to provide responses to the
Interrogatories or produce documents responsive to the Request for Production.
Defendant has diligently attempted to resolve the matter by correspondence and a
telephone conference with plaintiff's counsel, but plaintiff continues to fail to make the
required responses to the outstanding discovery and has failed to provide any explanation
or excuse for the failure to respond.
Pursuant to Federal Rule of Civil Procedure 37, "[a] party seeking discovery may
move for an order compelling an answer, designation, production, or inspection." This

Court will compel plaintiff to serve complete responses to the Interrogatories and produce
all documents responsive to the Request for Production on defendant within ten days.
Plaintiffs failure to meet its discovery obligations is troubling. Plaintiffs should
be mindful that Rule 41 (b) permits a court to dismiss a cause of action with prejudice "for
a failure of a plaintiff to prosecute or comply with these rules or any court order."
Dismissal with prejudice is warranted "in cases of willful disobedience of a court order or
where a litigant exhibits a pattern of intentional delay." Arnold v. ADT Sec. Services.,
Inc., 627 F.3d 716, 722-23 (8th Cir. 2010).
Upon granting a motion to compel, Rule 37(a)(5)(A), authorizes the Court to
award "reasonable expenses incurred in making the motion, including attorney's fees."
Fed.R.Civ.P. 37(a)(5)(A); E.E.O.C. v. McConnell, 4:12CV1498 JAR, 2013 WL 1867580,
at* 1 (E.D. Mo. May 3, 2013). "The party seeking litigation fees bears the burden to
provide 'evidence of the hours worked and the rate claimed.'" E.E.O.C. v. McConnell, at
*2 (quoting Saint Louis University v. Meyer, 4:07CV1733 CEJ, 2009 WL 482664, at* 1
(E.D. Mo. Feb. 25, 2009)). The Court will consider awarding reasonable attorney's fees
and expenses incurred in making this motion and will permit defendant's counsel to
submit verified documentation of the expenses and attorney's fees incurred. Plaintiff
may file a written response to be heard on the matter.
Accordingly,
IT IS HEREBY ORDERED that defendant's motion to compel discovery
responses and for sanctions (ECF #20) is GRANTED.

IT IS FURTHER ORDERED that plaintiff shall serve complete responses to the
Interrogatories and produce all documents responsive to the Request for Production on
defendant within ten days.

IT IS FURTHER ORDERED that plaintiff shall notify the Court within ten days
that it has complied with this order. Failure to comply may result in sanctions, including
dismissal of this action.

IT IS FINALLY ORDERED that defendant is granted fifteen days to submit
verified documentation in support of a request for attorney's fees and costs associated
with the filing of the motion to compel. Plaintiff shall have seven days thereafter to file a
response.
Dated this 1st day of April, 2016.

~~- ~lt.

STEPHEN N. LIMBA~ UNITED STATES DISTRICT JUDGE