Free Motion to Compel - District Court of Colorado - Colorado

Case 1:03-cv-01973-PSF-MJW

Document 220

Filed 07/18/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-CV-1973-PSF-MJW (Consolidated with 04-cv-02112-PSF-MJW) THE WALKER GROUP, INC. Plaintiff, v. FIRST LAYER COMMUNICATIONS, INC. and J.E.H. KNUTSON Defendants. WALKER GROUP'S MOTION TO COMPEL AND FOR SANCTIONS

The Walker Group, Inc. ("Walker Group") submits this Motion for Sanctions, pursuant to Federal Rule of Civil Procedure 37(b)(2), because Defendant J.E.H. Knutson ("Defendant") has refused to comply with the Court's June 20, 2006 Order Regarding Plaintiff's Motion to Compel Answers to Interrogatories and Production of Documents (Docket No. 208). For the reasons articulated in Walker Group's supporting brief, filed contemporaneously herewith, Walker Group respectfully requests that the Court enter an Order compelling compliance with its June 20, 2006 Order and imposing sanctions on Defendant, including an award of reasonable expenses and attorneys' fees pursuant to Fed. R. Civ. P. 37(b)(2) for its efforts in connection with this motion. Pursuant to D.C.COLO.LCivR 7.1(A) the undersigned certifies that Walker Group attempted in good faith to confer with counsel for Defendant in an effort to secure the information sought without court action.
US2000 9402956.1

Case 1:03-cv-01973-PSF-MJW

Document 220

Filed 07/18/2006

Page 2 of 3

WHEREFORE, the Plaintiff Walker Group respectfully requests that the Court enter an Order: 1. 2. Compelling compliance with the Court's June 20, 2006 Order; Awarding reasonable expenses and attorneys' fees pursuant to Fed. R. Civ. P. 37(b)(2) for Plaintiff's efforts in connection with this Motion; and 3. For such other and further relief as the Court deems just and reasonable.

Respectfully submitted, this the 18th day of July, 2006.

s/ Richard S. Gottlieb Richard S. Gottlieb KILPATRICK STOCKTON LLP 1001 West Fourth Street Winston-Salem, North Carolina 27101-2400 Telephone: (336) 607-7300 Attorneys for Plaintiff Walker Group, Inc. Joshua Maximon, Esq. The Maximon Law Firm, LLC 12202 Airport Way, Suite 170 Broomfield, Colorado 80021 Telephone: (303) 991-3344

US2000 9402956.1

2

Case 1:03-cv-01973-PSF-MJW

Document 220

Filed 07/18/2006

Page 3 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on July 18, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected], and I hereby certify that I have mailed or served the document or paper to the following by first class mail addressed as follows: none.

s/ Richard S. Gottlieb Richard S. Gottlieb Attorney for Plaintiff Walker Group, Inc. Kilpatrick Stockton LLP 1001 West Fourth Street Winston-Salem, North Carolina 27101-2400 Telephone: (336) 607-7300 [email protected]

US2000 9402956.1

3