Progress Solar Solutions, LLC v. Fire Protection, Inc. et al

Filing 163

ORDER denying 149 Motion for Reconsideration; granting 152 Motion for Sanctions; granting 154 Motion to Compel. The court hereby STRIKES the answer of defendant Solar Mod Systems, Inc., and enters default against Solar Mod Systems, Inc. for its ongoing non-compliance with this court's orders. Plaintiffs shall submit a proposed default judgment concerning Solar Mod Systems, Inc. not later than January 5, 2021. The court SANCTIONS Bills in the amount of plaintiffs' reasonable at torney's fees incurred in connection with the motions and related briefing. Plaintiffs shall submit a schedule detailing itsreasonable attorney's fees not later than January 5, 2021. Signed by District Judge James C. Dever III on 12/29/2020. Sent to Michael D Long at 3948 Legacy Drive Suite 106-155 Plano, TX 75023 and Mikel Bills at 11737 Belmont Place Chino, CA 91710 via US Mail. (Sellers, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTII CAROLINA WESTERN DMSION PROGRESS SOLAR SOLUTIONS, ) ) Plaintiff, ) ) ) v. ) FIRE PROTECTION, INC., et al., ) ) Defendants. ) No. 5:17-CV-152-D PROGRESS SOLAR SOLUTIONS, et al., ) ) ) Plaintiffs, ) ) v. ) ) :MICHAEL D. LONG, et al. ) ) Defendants. ) No. 5:19-CV-5-D ORDER For the reasons stated in plaintiffs' combined brief (1) in opposition to Mikel Bills' s motion for reconsideration; (2) in support of renewed motion to compel and for sanctions against Mikel Bills; and (3) in supplemental support of request for reasonable expenses and fees incurred in bringing motion to compel [D.E. 155] [P.E. 58]. the court DENIES Bills's motion for reconsideration [D.E. 149] [P.E. 52], GRANTS plaintiffs' motion for sanctions, for entry of default judgment against defendant Solar Mod Systems, Inc., and to strike its answer for repeated failures ┬Ěto comply with this court's orders [D.E. 152] [P.E. 55]. and GRANTS plaintiffs' renewed motion to compel and for sanctions against defendant Mikel Bills [D~E. 154] [P.E. 57]. 1 1 References to the docket in the 2017 case are not underlined. References to the docket in the 2019 case are underlined. Case 5:17-cv-00152-D Document 163 Filed 12/29/20 Page 1 of 2 The court hereby STRIKES the answer of defendant Solar Mod Systems, Inc., and enters default against Solar Mod Systems, Inc. for its ongoing non-compliance with this court's orders. Plaintiffs shall submit a proposed default judgment concerning Solar Mod Systems, Inc. not later than January S, 2021. As for defendant Mikel Bills, the court DECLINES to strike his answer at this time, but SANCTIONS Bills for his repeated failures to comply with his discovery obligations and WARNS him that the court will strike his answer if he continues to fail to comply with his obligations to the court. Cf. Hathcock v. Navistar Int'l Transp. Corp., S3 F.3d 36, 40-41 (4th Cir. 199S). The court SANCTIONS Bills in the amount ofplaintiffs' reasonable attorney's fees incurred in connection with the motions and related briefing. Plaintiffs shall submit a schedule detailing its reasonable attorney's fees not later than January S, 2021. SO ORDERED. This jJ_ day of December 2020. JSC.DEVERID United States District Judge 2 Case 5:17-cv-00152-D Document 163 Filed 12/29/20 Page 2 of 2

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