Liquidity Services, Inc. v. Asian Atlantic Industries, Inc.

Filing 10

ORDER granting 9 Motion to Compel. Plaintiff to provide answers and/or objections to Asian Atlantic's pending interrogatories on or before 7/15/11. Failure to comply will result in sanctions that may include dismissal o f the case with prejudice. Liquidity Services shall pay the attorneys fees and costsincurred by Asian Atlantic in preparing and filing the motion to compel. Summary judgment deadline changed to 9/15/11. So Ordered by Judge Joseph A. DiClerico, Jr. (dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Liquidity Services, Inc.
v.

Civil No. 10-cv-427-JD

Asian Atlantic Industries, Inc.
O R D E R
Liquidity Services, Inc. alleges breach of contract and
other claims against Asian Atlantic Industries, Inc. that arose
from their failed business dealings.

Asian Atlantic moves to

compel Liquidity Services to respond to interrogatories
propounded more than three months ago.

Liquidity Services failed

to respond to Asian Atlantic’s motion.
Liquidity Services filed its complaint against Asian
Atlantic on September 23, 2010.

Asian Atlantic represents that

it propounded interrogatories to Liquidity Services on March 24,
2011.

When Liquidity Services failed to respond, Asian

Atlantic’s counsel contacted counsel for Liquidity Services by
email and telephone on four occasions between May 17, 2011, and
June 13, 2011.

Asian Atlantic represents that counsel also

notified Liquidity Services’s counsel that it would file a motion
to compel.

Because Liquidity Services failed to provide

responses to the interrogatories, Asian Atlantic moved to compel.

A party must respond to interrogatories within thirty days
after being served unless a different time is established by
stipulation or court order.

Fed. R. Civ. P. 33(b)(2).

“A party

seeking discovery may move for an order compelling an answer,
designation, production, or inspection . . . if . . . a party
fails to answer an interrogatory submitted under Rule 33 . . . .”
Fed. R. Civ. P. 37(a)(3)(B).

In addition, the court may sanction

a party for failing to answer interrogatories after proper
service and within the time allowed.

Fed. R. Civ. P. 37(d)(1).

In this case, Liquidity Services’s response to Asian
Atlantic’s interrogatories is long overdue.
judgment were due by July 1, 2011.
November 8, 2011.

Motions for summary

Trial is scheduled for

As Asian Atlantic represents, Liquidity

Services’s failure to respond to the interrogatories is delaying
the case.

Further, Liquidity Services did not respond to Asian

Atlantic’s counsel’s communications about the interrogatories or
the motion to compel, raising a question as to whether Liquidity
Services intends to pursue its claims in this case.
Liquidity Services shall provide its answers and/or
objections to Asian Atlantic’s pending interrogatories on or
before July 15, 2011.

Failure to comply with the court-ordered

deadline, unless the time is extended by the court, will result

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in sanctions that may include dismissal of the case with
prejudice.
As a sanction for failing to respond to Asian Atlantic’s
inquiries and the motion to compel, Liquidity Services shall pay
the attorneys’ fees and costs incurred by Asian Atlantic in
preparing and filing the motion to compel.

Counsel for Asian

Atlantic shall serve on Liquidity Services a demand for payment
with itemized fees and costs.

Failure to pay the fees and costs

within a reasonable time, absent substantial justification, will
result in additional sanctions.

Conclusion
For the foregoing reasons, the defendant’s motion to compel
(document no. 9) is granted.
Liquidity Services shall provide its answers and/or
objections to Asian Atlantic’s pending interrogatories on or
before July 15, 2011.

Failure to comply will result in sanctions

that may include dismissal of the case with prejudice.
Liquidity Services shall pay the attorneys’ fees and costs
incurred by Asian Atlantic in preparing and filing the motion to
compel.

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The summary judgment deadline of July 1, 2011, is changed to
September 15, 2011.

SO ORDERED.

____________________________
Joseph A. DiClerico, Jr.
United States District Judge
July 6, 2011
cc:

Keith F. Diaz, Esquire
Kenneth Eric Rubinstein, Esquire

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