Forrester Environmental Services, Inc. et al v. Wheelabrator Technologies, Inc.

Filing 52

ORDER denying 38 Motion for Sanctions Pursuant to Fed. R. Civ. P. 37 filed by Wheelabrator Technologies. So Ordered by Judge Joseph N. Laplante. (jb)

Forrester Environmental Services, Inc. et al v. Wheelabrator Technologies, Inc.

Doc. 52

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Forrester Environmental Services, Inc. and Keith Forrester v. Wheelabrator Technologies, Inc. ORDER The defendant's motion for sanctions (document no. 38) is DENIED. Wheelabrator has not shown that discovery sanctions, Civil No. 10-cv-154-JL

especially the severe and potentially case-dispositive sanctions requested in its motion, are warranted under Federal Rule of Civil Procedure 37. As to the document requests, the plaintiffs

made the ordered production after the applicable deadline, but their brief delay has not prejudiced Wheelabrator. As to

interrogatory no. 5, this court understands the plaintiffs' surreply as admitting that "the Supply Agreement with Kobin had been terminated in 2006," albeit maintaining their position, set forth in their interrogatory answer, that they did not discover that breach until June 2007. SO ORDERED.

Joseph N. Laplante United States District Judge Dated: April 5, 2011

Dockets.Justia.com

cc:

Erik Graham Moskowitz, Esq. Michael J. Markoff, Esq. Sibley P. Reppert, Esq. Steven E. Grill, Esq. Jonathan M. Shirley, Esq.