Baca et al v. Quick Bail Bond and Tax Service et al
Filing
108
ORDER by Magistrate Judge Gregory B. Wormuth granting 105 Motion to Compel Responses and for Sanctions. (bni)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JARED BACA, et al.,
Plaintiffs,
v.
Civ. No. 18‐16 JCH/GBW
QUICK BAIL BOND AND TAX SERVICE, et al.,
Defendants.
ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL DISCOVERY
RESPONSES AND FOR SANCTIONS
On July 16, 2019, Plaintiffs filed an Opposed Motion to Compel Discovery
Responses and for Sanctions. Doc. 105. The motion seeks responses to discovery
requests propounded to Defendants Quick Bail Bond and Tax Service, Yeira Ivonne
Sanchez a/k/a Yeira Arreola and Fabian Ken Terveen Arreola. Id. Pursuant to the Local
Rules, any response would have been due on July 30, 2019. See D.N.M.LR‐Civ. 7.4(a).
That date has passed and none of these Defendants has filed a response, a request for an
extension or a notice informing the Court of an agreed extension.1 Such constitutes
consent to grant the motion under the Local Rules. See D.N.M.LR‐Civ. 7.1(b) (“The
failure of a party to file and serve a response in opposition to a motion within the time
prescribed for doing so constitutes consent to grant the motion.”).
“For each agreed extension, the party requesting the extension must file a notice identifying the
new deadline and the document (response or reply) to be filed.” D.N.M.LR‐Civ. 7.4(a).
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The Court will therefore GRANT Plaintiffs’ Opposed Motion to Compel
Discovery Responses and for Sanctions. Consequently, Defendants Quick Bail Bond
and Tax Service, Yeira Ivonne Sanchez a/k/a Yeira Arreola and Fabian Ken Terveen
Arreola shall produce verified answers and documents responsive to Plaintiffs First Set
of Discovery to Defendants Quick Bail Bond and Tax Service, Yeira Ivonne Sanchez
a/k/a Yeira Arreola and Fabian Ken Terveen Arreola. These responses shall be provided
no later than August 14, 2019.
Plaintiffs also seek fees and costs associated with the filing of this motion
pursuant to Fed. R. Civ. P. 37. Given that Defendants have been given the opportunity
to respond and have not presented any argument supporting an exception under Fed.
R. Civ. P. 37(a)(5), Defendants Quick Bail Bond and Tax Service, Yeira Ivonne Sanchez
a/k/a Yeira Arreola and Fabian Ken Terveen Arreola are ordered to pay Plaintiffs’
reasonable expenses incurred in making the motion. Within seven days of the entry of
this Order, Plaintiffs shall file an affidavit outlining such expenses. Defendants’
objections to the amount claimed, if any, shall be filed within seven days of the filing of
the affidavits.
IT IS SO ORDERED.
____________________________________
GREGORY B. WORMUTH
UNITED STATES MAGISTRATE JUDGE
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