Hunt et al v. Kim

Filing 28

ORDER granting 24 Motion for Sanctions. Signed by Magistrate Judge David S. Cayer on 1/5/2015. (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 for Sanctions for Failure to
Comply with Order to Compel and for Sanctions for Violating FRCP 16 and Local Rules 16.2
and 16.3” (document #24) and the parties’ associated briefs and exhibits (documents #26 and
27).
Plaintiffs seek sanctions against Defendant for her failure to comply with this Court’s
Order to Compel dated October 3, 2014 and for her conduct at the October 8, 2014 mediation.
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). Defendant has not complied with the Court’s previous Order. Her
disruptive conduct and profane outbursts at the mediation are intolerable. 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 for Sanctions for Failure to Comply with Order to Compel and for
Sanctions for Violating FRCP 16 and Local Rules 16.2 and 16.3” (document #24) is
GRANTED.
2. Within fourteen (14) 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.”
3. Defendant is ordered to pay $1,342.50 in reasonable attorneys’ fees and costs incurred
in obtaining the Court’s Order to Compel dated October 3, 2014 (document #19). Defendant
shall pay these fees and costs directly to Plaintiffs’ counsel within thirty (30) calendar days of the
date of this Order.
4. Defendant is ordered to pay Plaintiffs the reasonable attorneys’ fees and costs incurred
in obtaining this Order and in attending the mediation on October 8, 2014, 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 Clerk is directed to send copies of this Order to counsel for the parties, and to the
Honorable Max O. Cogburn, Jr..
SO ORDERED.
Signed: January 5, 2015