Arismendez et al v. Coastal Bend College et al

Filing 24

ORDER granting 20 Motion for Contempt; granting 20 Motion to Dismiss and dismisses with prejudice; denying 21 Motion for Nonsuit; denying 22 Motion for Nonsuit. Court ORDERS Plaintiffs, jointly and severally, to pay to CBC the amount of $3,059.00 in attorneys fees and $20.17 in expenses, for a total amount of $3,079.17. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(AngelMirelesadi, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
RALPH LEE ARISMENDEZ, et al,
Plaintiffs,
VS.
COASTAL BEND COLLEGE, et al,
Defendants.

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August 27, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 2:17-CV-159

ORDER
Plaintiffs complain that the manner of electing members of the Coastal Bend
College’s (CBC’s) Board of Trustees violates the Voting Rights Act, 42 U.S.C. § 1973,
and the Equal Protection Clause of the Fourteenth Amendment to the United States
Constitution. D.E. 1. On March 26, 2018, CBC filed a motion to compel (D.E. 15),
complaining that Plaintiffs had not filed their disclosures and had not responded to
discovery requests as required by law. Plaintiffs did not appear for the hearing and the
Court granted the motion. D.E. 17.
On June 28, 2018, CBC filed its “Motion for Contempt and Motion to Dismiss
Under Rule 37(b)(2)” (D.E. 20). CBC states that Plaintiffs have not timely complied
with the Court’s Order compelling Plaintiffs to serve their discovery responses. CBC
argues that Plaintiffs have acted willfully because they have failed to respond to
discovery requests, reply to opposing counsel’s informal inquiries, appear in court for
hearings, and comply with this Court’s prior Order. It is clear that CBC has been
prejudiced by Plaintiffs’ multiple failures to comply with the law and this Court’s orders
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in that CBC has been deprived of information necessary to the preparation of a defense of
the lawsuit and the failures have interfered with the timely disposition of the case. CBC
requests attorneys’ fees in the amount of $15,113.70 and expenses in the amount of
$174.02 as sanctions for discovery abuse and contempt under Rule 37. D.E. 20-1. CBC
also requests that this action be dismissed.
Plaintiffs have not responded to the motion for contempt and to dismiss (D.E. 20).
Instead, they filed a motion for nonsuit on July 18, 2018 (D.E. 21, 22), seeking dismissal
without prejudice. Pursuant to Southern District of Texas Local Rule 7.3, opposed
motions will be submitted to the judge 21 days from filing. Defendant’s motion (D.E.
20) was filed on June 28, 2018 and its submission date was July 19, 2018. Pursuant to
Local Rule 7.4, failure to respond is taken as a representation of no opposition to the
relief sought.
Since appearing for the initial pretrial conference on August 4, 2017, Plaintiffs
have failed to take any discernable action to prepare this case for trial. Plaintiffs have
failed to respond to CBC’s discovery requests, failed to comply with this Court’s Order
compelling discovery responses, failed to appear for hearings, and failed to respond to the
motion now before the Court. And they previously failed to respond to the motion to
dismiss (D.E. 10) filed by CBC’s co-Defendants, resulting in the dismissal of the claims
against eight individual Defendants. Plaintiffs’ only appearance since the initial pretrial
conference has been to seek a continuance of a status conference that had already been
reset. D.E. 18, 19.

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The Court GRANTS CBC’s motion for contempt and to dismiss and DISMISSES
WITH PREJUDICE all remaining claims in this action. (D.E. 20) The Court DENIES
Plaintiffs motion for nonsuit without prejudice (D.E. 21, 22).
After due consideration of CBC’s request for attorneys’ fees and expenses, the
Court awards attorneys’ fees related to Plaintiffs’ failure to respond to discovery, the
filing of the motion to compel, and the pending motion for contempt and to dismiss. The
Court thus ORDERS Plaintiffs, jointly and severally, to pay to CBC the amount of
$3,059.00 in attorneys’ fees and $20.17 in expenses, for a total amount of $3,079.17.
ORDERED this 27th day of August, 2018.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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