Potts v. ADP, Inc.

Filing 45

MEMORANDUM AND ORDER granting 35 Motion for Sanctions, or in the Alternative, to Compel. Defendant shall schedule depositions within 7 days of Order; Plaintiff is ordered to pay Defendant reasonable attorney's fees and costs incurred, affidavit to be submitted within 7 days of Order; granting 37 Motion to Amend/Correct Scheduling Order Deadlines. Motions due by 6/6/2014. Signed by Magistrate Judge David S. Cayer on 5/6/2014. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:13-cv-00344-MOC-DSC
ERIN POTTS,
Plaintiff,
vs.
ADP, INC.,
Defendant.

)
)
)
)
)
)
)
)
)

MEMORANDUM AND ORDER

THIS MATTER is before the Court on “Defendant’s Second Motion for Sanctions, or in
the Alternative, to Compel Plaintiff’s and Non-Party Dr. Nancy Miller’s Appearance for
Depositions,” Doc. 35, and “Defendant’s Motion to Amend Pretrial Order and Case Management
Plan to Extend the Deadline to File Dispositive Motions,” Doc. 37, both filed March 24, 2014, and
the parties’ associated briefs and exhibits. See Docs. 36, 41, 42, 43 and 44. These Motions have
been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b)(1).
The Court has carefully examined the record, the parties’ arguments and the applicable
authorities.

For the reasons stated in its Motions and supporting briefs, the Court grants

Defendant’s Motions.
Courts generally have broad discretion in imposing sanctions under Rule 37 of the Federal
Rules of Civil Procedure. National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S.
639 (1976). For the reasons stated in its Motion and supporting brief, the Court finds that sanctions
are warranted here for Plaintiff’s continued obstructive conduct. The Court warns Plaintiff that
failure to comply fully with any of the Court’s Orders, the Local Rules, or the Rules of Civil

Procedure may result in the further imposition of sanctions, which may include dismissal of
the Complaint with prejudice.
NOW THEREFORE, IT IS ORDERED:
1. Defendant’s Second Motion for Sanctions, or in the Alternative, to Compel Plaintiff’s
and Non-Party Dr. Nancy Miller’s Appearance for Depositions,” Doc. 35, is GRANTED. Within
seven (7) calendar days of the date of this Order, Defendants shall schedule the depositions of
Plaintiff and Dr. Miller. Plaintiff and Dr. Miller are ordered to appear and cooperate in their
depositions as scheduled by Defendant.
2. Plaintiff is ordered to pay Defendant the reasonable attorney’s fees and costs incurred
in obtaining this Order and in reopening the depositions of Plaintiff and Dr. Miller, such amounts
to be determined by the Court after reviewing an affidavit submitted by Defendant's counsel within
seven (7) calendar days of the date of this Order.
3. “Defendant’s Motion to Amend Pretrial Order and Case Management Plan to Extend
the Deadline to File Dispositive Motions,” Doc. 37, is GRANTED. The dispositive motion
deadline is extended thirty (30) calendar days from the date of this Order.
4.

The Clerk is directed to send copies of this Order to counsel for the parties,

including but not limited to moving counsel; and to the Honorable Max O. Cogburn, Jr.
SO ORDERED.

Signed: May 6, 2014