Allied Communications Corp. et al v. Aladwan

Filing 28

ORDER Granting 20 Motion to Compel. To the extent Defendant has not already done so, Defendant is ORDERED to serve full and complete responses to Plaintiffs First Combined Set of Discovery Requests WITHIN SEVEN DAYS of the date of this Order. The p arties are ORDERED to meet and confer regarding the appropriate amount of expenses to be awarded. If the parties are unable to reach an agreement, Plaintiffs shall file a motion with accompanying documentation of all such expenses WITHIN TWENTY-ONE DAYS of the date of this Order. Signed by Magistrate Judge Chelsey M. Vascura on 01/06/2021. (mdr)

Case: 2:20-cv-04561-SDM-CMV Doc #: 28 Filed: 01/06/21 Page: 1 of 2 PAGEID #: 392

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

ALLIED COMMUNICATIONS CORP.,
et al.,
Plaintiffs,
Civil Action 2:20-cv-4561
Judge Sarah D. Morrison
Magistrate Judge Chelsey M. Vascura

v.

HAYAT ALADWAN,
Defendant.

ORDER
Plaintiffs commenced this action against Defendant on September 2, 2020, alleging
violations of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, et seq., trademark
infringement under 15 U.S.C. § 1125(d), and state-law claims for misappropriation of trade
secrets, civil theft, breach of the duty of loyalty/faithless servant, and conversion. (Compl., ECF
No. 1.) The Court granted a temporary restraining order on September 8, 2020, which required
Defendant, inter alia, to respond to Plaintiffs’ discovery requests by September 17, 2020. (ECF
No. 6.) Having not, to date, received complete responses to those requests, Plaintiffs now move
for an order compelling Defendant to provide full and complete discovery responses and for an
award of expenses and costs incurred in bringing the motion to compel. (“Motion to Compel,”
ECF No. 20.) Defendant failed to file an opposition by the December 29, 2020 deadline set by
the Court. (Order, ECF No. 26.) Accordingly, the Motion to Compel is unopposed.
For good cause shown, Plaintiffs’ Motion to Compel (ECF No. 20) is GRANTED. The
undersigned notes that, per a December 30, 2020 email from Plaintiffs’ counsel to chambers,

Case: 2:20-cv-04561-SDM-CMV Doc #: 28 Filed: 01/06/21 Page: 2 of 2 PAGEID #: 393

Defendant did serve supplemental responses on December 23, 2020. However, Plaintiffs
contend Defendant’s responses remain deficient. To the extent Defendant has not already done
so, Defendant is ORDERED to serve full and complete responses to Plaintiffs’ First Combined
Set of Discovery Requests WITHIN SEVEN DAYS of the date of this Order.
Further, pursuant to Federal Rule of Civil Procedure 37, when a motion for an order
compelling disclosure or discovery is granted, an award of the movant’s reasonable expenses
incurred in making the motion is mandatory. Fed. R. Civ. P. 37(a)(5)(A). Based on Plaintiffs’
unrebutted representations regarding Defendant’s counsel’s repeated failure to respond to
Plaintiffs’ inquiries regarding outstanding discovery, the undersigned finds it appropriate to hold
both Defendant and her counsel, Sanjay K. Bhatt, jointly responsible for reimbursing Plaintiffs
for the reasonable expenses, including attorney’s fees, incurred in bringing the present Motion to
Compel. See Fed. R. Civ. P. 37(a)(5)(A). The parties are ORDERED to meet and confer
regarding the appropriate amount of expenses to be awarded. If the parties are unable to reach an
agreement, Plaintiffs shall file a motion with accompanying documentation of all such expenses
WITHIN TWENTY-ONE DAYS of the date of this Order.

IT IS SO ORDERED.

/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE

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