Whitfield v. Dillards Department Store et al
Filing
27
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendant Dillard's Inc.'s Motion to Compel (ECF #25) is GRANTED. IT IS FURTHER ORDERED that plaintiff shall serve her Rule 26(a)(1) disclosures on all defendants within seven days.IT IS FURTH ER ORDERED that plaintiff shall promptly notify the Court that she has complied with this order. Failure to comply may result in sanctions, including dismissal of this action. IT IS FINALLY ORDERED that defendant Dillard's Inc. is granted seven days to submit verified documentation in support of its 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 8/4/2014.). Signed by District Judge Stephen N. Limbaugh, Jr on 7/28/2014. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TALIAH WHITFIELD,
Plaintiff,
v.
DILLARDS DEPARTMENT STORE, et al.,
Defendants.
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Case No. 4:13CV1979 SNLJ
MEMORANDUM AND ORDER
This matter is before the Court on defendant Dillard’s Inc.’s Motion to Compel
Rule 26 Disclosures. Plaintiff has failed to respond to the motion, and the deadline for
responding has passed.
Defendant Dillard’s Inc. (Dillard’s) states that plaintiff has failed to comply with
her discovery obligations in that she has not served her initial disclosures pursuant to
Federal Rule of Civil Procedure 26(a)(1), which were due on March 28, 2014 in
accordance with the Case Management Order. Counsel for co-defendants Brennan and
Bowie attempted to resolve the matter by contacting plaintiff’s counsel on April 24, 2014
and June 9, 2014, but plaintiff continues to fail to make the required disclosures.
“If a party fails to make a disclosure required by Rule 26(a) any other party may
move to compel disclosure and for appropriate sanctions.” Fed.R.Civ.P. 37(a)(2). The
Court will compel the plaintiff to serve her Rule 26(a)(1) disclosures on all defendants.
Plaintiff’s failure to meet her discovery obligations — and, indeed, her failure to respond
at all to this motion — is troubling. The Court is 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 “only
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).
Dillard’s requests its attorney’s fees and costs associated with this motion. 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 Dillard’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 Dillard’s Inc.’s Motion to Compel
(ECF #25) is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall serve her Rule 26(a)(1)
disclosures on all defendants within seven days.
IT IS FURTHER ORDERED that plaintiff shall promptly notify the Court that
she has complied with this order. Failure to comply may result in sanctions, including
dismissal of this action.
IT IS FINALLY ORDERED that defendant Dillard’s Inc. is granted seven days
to submit verified documentation in support of its 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 28th day of July, 2014.
___________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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