Driver v. Big Daddy's on the Landing

Filing 72

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for sanctions [Doc. # 66 ] is granted in part and denied in part. IT IS FURTHER ORDERED that defendant shall fully answer Interrogatory 8 on or before June 20, 2014 IT IS FURTHER O RDERED that defendant shall be precluded from calling as witness any employee or former employee omitted from its original answer toInterrogatory 8. IT IS FURTHER ORDERED that, if the defendants supplemental answer discloses additional current or for mer employees not previously disclosed in the original answer, discovery shall be extended to allow plaintiff to depose the additional employees at defendants cost. IT IS FURTHER ORDERED that defendant shall pay the attorneys fees and expenses reason ably incurred by plaintiffs counsel in connection with the instant motion for sanctions. Counsel for plaintiff shall have until July 1, 2014 to file a verified statement of the fees and costs so incurred Signed by District Judge Carol E. Jackson on 6/13/14. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANITA DRIVER,
Plaintiff,
vs.
BIG DADDY’S ON THE LANDING, INC.,
Defendant.

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Case No. 4:13-CV-76 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for sanctions. Defendant
has responded in opposition, and the issues are fully briefed.
Plaintiff moves for sanctions against defendant for its failure to fully respond to
Interrogatory 8 of plaintiff’s first set of interrogatories, in violation of the order
compelling defendant to answer. Interrogatory 8 asked defendant to identify and
provide contact information for individuals it employed during the period of plaintiff’s
employment. Plaintiff explains that, at least one employee, Brittany Schroyer, was
excluded from defendant’s answer.

Defendant argues that the exclusion of this

witness was accidental. Defendant also states that, upon further investigation, it
discovered that it had omitted two additional independent contractors from its
response. The defendant offers no explanation for how the initial omission occurred
nor any explanation of how it determined that further omissions had been made.
The Court has warned defendant that it will not tolerate obstructive or bad faith
conduct and will not hesitate to impose sanctions when appropriate to address such
behavior. Considering defendant’s prior course of conduct throughout discovery, the
Court finds its proffered excuses---i.e., its misunderstanding of the terms “employee”
and “employed”-- - difficult to believe. Nor is the Court persuaded by defendant’s

attempt to shift blame to plaintiff for failing to detect the omissions. However, the
sanction requested by plaintiff, which would preclude defendant from calling as witness
any employee included in its answers to Interrogatory 8 following the original order to
compel, is extreme and unwarranted at this time. The Court will impose sanctions
commensurate to defendant’s violation.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for sanctions [Doc. #66] is
granted in part and denied in part.
IT IS FURTHER ORDERED that defendant shall fully answer Interrogatory 8
on or before June 20, 2014
IT IS FURTHER ORDERED that defendant shall be precluded from calling as
witness any employee or former employee omitted from its original answer to
Interrogatory 8.
IT IS FURTHER ORDERED that, if the defendant’s supplemental answer
discloses additional current or former employees not previously disclosed in the original
answer, discovery shall be extended to allow plaintiff to depose the additional
employees at defendant’s cost.
IT IS FURTHER ORDERED that defendant shall pay the attorneys’ fees and
expenses reasonably incurred by plaintiff’s counsel in connection with the instant
motion for sanctions. Counsel for plaintiff shall have until July 1, 2014 to file a
verified statement of the fees and costs so incurred.
___________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 13th day of June, 2014.

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