Stewart v. Precise Properties, LLC et al
ORDER granting 38 Motion to Compel and for Sanctions. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MELISA STEWART, Individually;
PRECISE PROPERTIES, LLC,
HAROLD'S KOFFEE HOUSE, INC., AND
JOHN DOES 1 - 2 INCLUSIVE,
On October 13, 2016, Defendants filed a motion to compel, explaining:
On August 3, 2016, Defendants served Defendants’ First Set of
Interrogatories, Defendants’ First Set of Requests for Production of
Documents, and Defendants’ First Set of Requests for Admissions on
Plaintiff. Plaintiff has failed to respond to these discovery requests and
completely ignored Defendants’ counsel’s attempts by telephone and email
to personally confer to resolve Plaintiff’s failure to respond.
(Filing No. 38). Plaintiff did not respond to the motion, but apparently did respond to the
underlying discovery requests. (Filing No. 40).
Defendants’ motion to compel also requested sanctions.
The court ordered
Plaintiff to file a response to the motion for sanctions by November 15, 2016. (Filing No.
41). Plaintiff did not file a response.
Plaintiff’s failure to timely respond to Defendants’ discovery was not substantially
justified and as a result, Defendants were required to file a motion to compel. Plaintiff
never responded to the motion to compel, even after the court extended the deadline for
responding to Defendants’ request for sanctions. Under the circumstances, Plaintiff will
be ordered to pay the attorney fees and costs incurred by Defendants in filing the motion
IT IS ORDERED:
Defendants' motion to compel and for sanctions, (Filing No. 38), is
Defendants' request for an award of attorney fees and costs is granted, and
On or before December 2, 2016, Defendants' counsel shall serve
counsel with an itemization of fees and costs incurred in filing the
motion to compel.
Plaintiff's counsel shall respond to this itemization within ten days
If the parties agree as to the amount to be awarded, on or before
December 16, 2016, they shall file a joint stipulation for entry of
an order awarding costs and fees to Defendants.
If the parties do not agree on the attorney fees and costs to be
awarded, or if Plaintiff does not timely respond to the Defendants'
itemization and demand, Defendants shall file a motion for
assessment of attorney fees and costs by no later than January 9,
2017. This motion shall be submitted in accordance with the
court’s fee application guidelines outlined in Nebraska Civil Rules
54.3 and 54.4, but a supporting brief is not required.
November 19, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge
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