Hunt et al v. Kim

Filing 19

ORDER granting 15 Motion to Compel; granting 15 Motion for Extension of Time of Scheduling Order Deadlines. ( Discovery due by 12/12/2014., Motions due by 2/17/2015.). Signed by Magistrate Judge David S. Cayer on 10/2/2014. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-00630-MOC-DSC
LEANDRA RAMKISSOON AND
ANNA HUNT,
Plaintiffs,
v.
MISUN KIM
A/K/A MISUN KIM MCCUISTION
D/B/A MISUNDRIES,
Defendant.

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ORDER

THIS MATTER is before the Court on “Plaintiffs’ Motion to Compel Discovery from
Defendant and to Extend Discovery Completion Deadline …” (document #15).

Pro se

Defendant has not responded to the Motion and the time for responding has expired.
Plaintiffs seek an order compelling Defendant to file complete verified responses to their
“First Set[s] of Interrogatories and Requests for Production of Documents” and finding that
Plaintiffs’ “First Requests for Admission” are deemed admitted. Plaintiffs also seek a three
month extension of the discovery and dispositive motions deadlines and an award of attorneys’
fees.
Defendant has failed to respond to these discovery requests or this Motion. For this and
the other reasons stated therein, the Court grants Plaintiffs’ Motion.
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).

The Court finds that monetary sanctions are warranted here for

Defendant’s continued obstructive conduct.

The Court warns Defendant 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 entry of
judgment in Plaintiffs’ favor.
NOW THEREFORE, IT IS ORDERED:
1. “Plaintiffs’ Motion to Compel Discovery from Defendant and to Extend Discovery
Completion Deadline …” (document #15) is GRANTED. Within seven (7) calendar days of the
date of this Order, Defendant shall serve complete verified responses to “Plaintiff Hunt’s First
Set of Interrogatories and Requests for Production of Documents” and “Plaintiff Ramkissoon’s
First Set of Interrogatories and Requests for Production of Documents.”
2. “Plaintiff Hunt’s First Requests for Admission” and “Plaintiff Ramkissoon’s First
Requests for Admission” are DEEMED ADMITTED.
3. Defendant is ordered to pay Plaintiffs the reasonable attorneys’ fees and costs incurred
in obtaining this Order, such amounts to be determined by the Court after reviewing an affidavit
submitted by Plaintiffs’ counsel within ten (10) calendar days of the date of this Order.
4.

The discovery deadline is extended to December 12, 2014, and the dispositive

motions deadline is extended to February 14, 2015.
5. The Clerk is directed to send copies of this Order to Plaintiffs’ counsel, to the pro se
Defendant, and to the Honorable Max O. Cogburn, Jr..
SO ORDERED.
Signed: October 2, 2014