EEOC

Filing 748

ORDER that Defendant's Motion to Compel Answers to Interrogatories and Request for Sanctions 689 is granted, in part. Plaintiff/Intervenors shall supply verified responses to Defendant's interrogatories within 45 days of this Order. Failu re to do so may result in the imposition of sanctions, including, but not limited to, dismissal of these Plaintiff/Intervenors' claims. CAIR-Chicago shall immediately mail copies of this Order, by certified mail, to the above-referenced Plaintiff/Intervenors at their last known addresses of record. Immediately thereafter, CAIR-Chicago shall file a certificate of service showing compliance with this Order. Ordered by Magistrate Judge F.A. Gossett. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,
V.
JBS USA, LLC,
Defendant.

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8:10CV318

ORDER

This matter is before the Court on Defendant’s Motion to Compel Answers to
Interrogatories and Request for Sanctions (filing 689). Defendant’s Motion will be granted,
in part.
BACKGROUND
On January 13, 2015, Defendant served interrogatories on Plaintiff/Intervenors Asli
Abdille Abdullahi (f/k/s Ambiya Roble), Said Adoow, Noor Ahmed, Ahmed Farah Ali, Ayan
Ali, Rashid Yusuf Hundule, Abdirisak Adan Abdulahi (f/k/a/ Hussein Hussein), Adbulkadir
Jama, Mohamed Jama, Abdalle Hassan Mahamud, Hanad Mohammed, Yusuf Hassan
Mohamud (f/k/a/ Abdalle Ali Mohamud), Astur Mur, Warsame Nur, Ali Abdi Hakim Said,
and Abdulqani Yusuf (collectively referred to herein as “Plaintiff/Intervenors”). These
Plaintiff/Intervenors are represented by CAIR-Chicago.
CAIR-Chicago attempted to contact Plaintiff/Intervenors on multiple occasions in an
effort to get them to verify their interrogatory responses. However, Plaintiff/Intervenors
failed to respond to these communications. As a result, to date, CAIR-Chicago has not
provided verified interrogatory responses to Defendant. CAIR-Chicago did, however,
provide Defendant with unverified responses.
Due to Plaintiff/Intervenors’ failure to communicate, CAIR-Chicago moved to

withdraw as their counsel on July 27, 2015 (filing 708). By order dated July 28, 2015, the
Court granted CAIR-Chicago leave to withdraw, instructing counsel to mail a copy of the
Court’s order to Plaintiff/Intervenors, along with a letter notifying them that CAIR-Chicago
would no longer be representing them in this action. (Filing 711.) The order further
provided that counsel would not be relieved of their duties until proof of service was filed
showing compliance with the order. (Id.) At this time, CAIR-Chicago remains listed as
Plaintiff/Intervenors’ counsel of record.
DISCUSSION
There does not appear to be any dispute that Defendant is entitled to discovery
responses. On account of Plaintiff/Intervenors’ lack of responsiveness, Defendant does not
seek sanctions directly against CAIR-Chicago. Therefore, in light of the circumstances, the
Court will grant Defendant’s Motion to Compel, but will deny Defendant’s request for
sanctions against Plaintiff/Intervenors at this time. In the event Plaintiff/Intervenors fail to
comply with this Order, the issue of sanctions against Plaintiff/Intervenors may be revisited.
Accordingly,
IT IS ORDERED that Defendant’s Motion to Compel Answers to Interrogatories and
Request for Sanctions (filing 689) is granted, in part. Plaintiff/Intervenors shall supply
verified responses to Defendant’s interrogatories within forty-five (45) days of this Order.
Failure to do so may result in the imposition of sanctions, including, but not limited to,
dismissal of these Plaintiff/Intervenors’ claims. CAIR-Chicago shall immediately mail
copies of this Order, by certified mail, to the above-referenced Plaintiff/Intervenors at their
last known addresses of record. Immediately thereafter, CAIR-Chicago shall file a certificate
of service showing compliance with this Order.
DATED September 17, 2015.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge
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