Rayburn v. Lezgi Motors, Inc. et al
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's motion for sanctions [Doc. # 73 ] is denied. IT IS FURTHER ORDERED that defendant shall have until April 25, 2014, to submit signed answers to plaintiffs first set of interrogatories accompanied by an affidavit as required by Fed.R.Civ.P. 33. Failure to comply with this Order may result in the imposition ofsanctions authorized under Rule 37(b)(2).. Signed by District Judge Carol E. Jackson on 4/10/14. (KKS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
LEZGI MOTORS, INC., et al.,
Case No. 4:12-CV-1410 (CEJ)
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for sanctions against
defendant, ATN Express, Inc. The defendant has filed a response in opposition and the
issues are fully briefed.
Plaintiff asserts that defendant has failed to comply with the Court’s order
compelling defendant to answer plaintiff’s first set of interrogatories,1 and has failed
to produce a corporate representative for deposition. Counsel for defendant explains
that ATN Express, Inc. has been dissolved, and counsel has been unable to contact the
corporation’s former owner or officer. Counsel finally made contact with a former
employee of their client, and are “currently in the process of working with [that
employee] to determine his ability to participate and assist in responding to the
discovery requested by Plaintiff counsel.”
Because defendant’s counsel is making a good faith effort to locate defendant’s
employees and cooperate with plaintiff’s counsel in responding to discovery requests,
no sanctions are warranted.
While answers were submitted, they bore the signature of defendant’s attorney, and
not of the party answering the interrogatory, and were not accompanied by an affidavit.
IT IS HEREBY ORDERED that plaintiff’s motion for sanctions [Doc. # 73] is
IT IS FURTHER ORDERED that defendant shall have until April 25, 2014, to
submit signed answers to plaintiff’s first set of interrogatories accompanied by an
affidavit as required by Fed.R.Civ.P. 33.
Failure to comply with this Order may result in the imposition of
sanctions authorized under Rule 37(b)(2).
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 10th day of April, 2014.
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