Oh v. Choi et al

Filing 57

Minute entry and order for proceedings held before Magistrate Judge Marilyn D. Go on 11/20/12. Appearances by M. Schenkman and I. Suriyopas for plaintiff; A. Wolinsky for defendant. Rulings made on the record granting 54 plaintiffs motion for san ctions. See attached order. Sanctions in the amount of $520 each are imposed on defendants Young Mi Choi, Young Jin Choi and Kyung Bok Choi and must be paid to plaintiffs counsel by 12/7/12. Hearing on motion to withdraw of counsel for defendants will be heard on 12/13/12 at 12:00 p.m. Any opposition to counsels motion must be filed by 12/7/12. Plaintiffs counsel may appear by telephone. (Tape #FTR/C 3:04-3:13.) (Proujansky, Josh)

United States District Court
Eastern District of New York
MINUTE ORDER
11cv3764 (DLI)(MDG) OH v. CHOI
This Order sets forth rulings made on the record at a
conference on November 20, 2012 granting plaintiff’s motion for
sanctions (ct. doc 54).
Defendants Young Mi Choi, Young Jin Choi and Kyung Bok Choi
canceled their scheduled depositions on less than one business
day’s notice causing plaintiff to incur $1,560 in costs for a
court reporter and interpreter.

Rule 37(d)(3) provides that

where a party fails to appear for their deposition “the court
must require the party failing to act, the attorney advising that
party, or both to pay the reasonable expenses, including
attorney’s fees, caused by the failure, unless the failure was
substantially justified or other circumstances make an award of
expenses unjust.”

Fed. R. Civ. P. 37(d)(3).

Defendants have not

offered any justification for their failure to appear at their
depositions.
Significantly, this Court has warned defendants several
times that further delays would not be tolerated, that their
failure to comply with discovery requests could result in
sanctions, including a fine, and that a continued failure to
comply with discovery could ultimately result in entry of default
judgment against them.

See ct. doc. 41; minute entry dated

6/26/12; minute entry and order filed on 9/12/12 (ct. doc. 51).
Defendants Young Mi Choi, Young Jin Choi and Kyung Bok Choi must
each pay sanctions in the amount of $520 by 12/7/12 to
plaintiff’s counsel, without prejudice to an application by the
defendants seeking joint liability with their counsel.
Defendants are warned that failure to pay sanctions ordered
may result in further sanctions, including striking of their
answers and entry of default judgment against them.

Further, if

defense counsel is granted leave to withdraw, discovery will not

be extended to permit defendants to cause further delay in
disposition of this action.
SO ORDERED.
Dated:

Brooklyn, New York
November 21, 2012
/s/___________________________
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE

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