Federal Trade Commission et al v. Vantage Point Services, LLC et al

Filing 106

ORDER granting 100 Motion to Compel. Signed by Hon. H. Kenneth Schroeder, Jr on 2/25/2016. (KER)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

FEDERAL TRADE COMMISSION, et al.,
Plaintiffs,
v.
15-CV-6S(Sr)
VANTAGE POINT SERVICES, LLC., et al.,
Defendants.

DECISION AND ORDER
This case was referred to the undersigned by the Hon. William M.
Skretny, in accordance with 28 U.S.C. § 636(b)(1)(A), for all pretrial matters, and for
hearing and disposition of all non-dispositive motions or applications. Dkt. #64.

Currently before the Court is plaintiff’s motion to compel defendant
Joseph Ciffa to produce documents demanded in plaintiff’s First Request for the
Production of Documents dated October 7, 2015. Dkt. #100.

Defendant did not respond to the motion to compel.

Upon review of the document demand served upon defendant’s attorney
(Dkt. #100-2, pp.5-9 & Dkt. #100-2, p.10 & 12), and communications from plaintiff’s
counsel seeking responses to the document demand (Dkt. #100-2, pp.14, 16, 18 & 22 ),

and upon consideration of plaintiff’s representation that defendant has failed to respond
to the document demand or to any of his communications seeking a response to the
document demand (Dkt. #100-2, pp.1-3), the motion to compel is granted.

Defendant shall produce the documents demanded, without objection, no
later than March 25, 2016. Defendant is forewarned that his failure to comply with this
Order will be deemed contempt of court pursuant to Fed. R. Civ. P. 37(b)(2)(A)(vii).

SO ORDERED.
DATED:

Buffalo, New York
February 24, 2015
s/ H. Kenneth Schroeder, Jr.
H. KENNETH SCHROEDER, JR.
United States Magistrate Judge

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