Silva v. Board of County Commissioners for the County of Roosevelt et al

Filing 56

ORDER by Magistrate Judge Stephan M. Vidmar AWARDING Expenses under Rule 37 (am)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO TANYA SILVA, Plaintiff, v. No. 15-cv-1046 MCA/SMV BOARD OF COUNTY COMMISIONERS FOR THE COUNTY OF ROOSEVELT, ROOSEVELT COUNTY ADULT DETENTION CENTER, DAVID CASINOVA, DREW WHITE, CAMERON RIDENOUR, DIVINE ALCANZO, JANE-JOHN DOES 1-5, AND JANE-JOHN DOES 6-10, Defendants. ORDER AWARDING EXPENSES UNDER RULE 37 THIS MATTER is before the Court on Defendants’ Affidavit of Fees and Costs [Doc. 54], filed on December 20, 2016. On December 12, 2016, the Court granted Defendants’ Motion to Compel Discovery [Doc. 30] and further ordered that Plaintiff pay Defendants’ reasonable expenses, including attorney’s fees, incurred in making their motion. [Doc. 50] (citing Fed. R. Civ. P. 37(a)(5)(A)). Defendants claim $825 in expenses. [Doc. 54]. Plaintiff has not objected to the amount or reasonableness of the claimed expenses, and the time for doing so has passed. Further, the Court finds that the requested $825 is reasonable. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that no later than March 7, 2017, Plaintiff pay Defendants $825, which is the reasonable expenses incurred in making their Motion to Compel [Doc. 30]. See Fed. R. Civ. 37(a)(5)(A). Plaintiff and her counsel are admonished that any further failure to comply with the rules of procedure or orders of this Court may result in further sanctions, up to and including dismissal of the case with prejudice. See Ehrenhaus v. Reynolds, 965 F.2d 916, 921 (10th Cir. 1992). IT IS SO ORDERED. ______________________________ STEPHAN M. VIDMAR United States Magistrate Judge 2

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