Montgomery v. The Anson County Board of Education

Filing 56

ORDER Denying 53 Motion to Dismiss and Defendant's Notice of Non-Compliance with Order. It is further ordered that Defendant is hereby awarded $7,132.50 in attorneys fees and $778.14 in costs. Signed by Senior Judge Graham Mullen on 1/11/2018. (jaw) Modified tex on 1/11/2018 (jaw).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16CV309-GCM

DANNIE MONTGOMERY,

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Plaintiff,
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vs.
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THE ANSON COUNTY BOARD OF
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EDUCATION,
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Defendant.
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____________________________________)

ORDER

This matter is before the Court upon Defendant’s Notice of Non-Compliance with Order
and Renewed Motion to Dismiss (Doc. No. 53) and the Affidavit of Defendant’s counsel in
support of fees and costs associated with pursuing its Motion to Compel and conducting a second
deposition of the Plaintiff (Doc. No. 52), filed at the direction of the Court.
On November 29, 2017, this Court entered an Order granting Defendant’s Motion to
Compel and directing Plaintiff to turn over any outstanding responsive documents to the
Defendant within 7 days. (Doc. No. 50) The Order also directed Defendant to submit an
Affidavit as to its fees and expenses in connection with filing the Motion to Compel as well as
the reconvening and completion of Plaintiff’s deposition. On December 7, the Defendant
renewed its Motion to Dismiss asserting that Plaintiff had failed to turn over the documents. In
response, Plaintiff’s attorney filed a Declaration in opposition representing that she had
submitted the documents to Defendant on December 7, one day after the deadline set by the
Court. The Court is reluctant to dismiss Plaintiff’s case because she missed the deadline by one

day. However, the Court shares Defendant’s frustration with the Plaintiff’s delays in this case.
Plaintiff is warned that she is to response to all future deadlines in a timely manner.
The Court has also reviewed the Affidavit of Mr. King and will award the Defendant
$7,132.50 in attorneys’ fees and $778.14 in costs associated with filing its Motion to Compel as
well as the reconvening and completion of Plaintiff’s deposition.
IT IS THEREFORE ORDERED that Defendant’s Notice of Non-Compliance with Order
and Renewed Motion to Dismiss (Doc. No. 53) is hereby DENIED; and
IT IS FURTHER ORDERED that Defendant is hereby awarded $7,132.50 in attorneys’
fees and $778.14 in costs.
Signed: January 11, 2018