Free Reply to Response to Motion - District Court of Arizona - Arizona

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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 Ernest B. JACKSON, No. CV-O3-0563-PHX-SMM
10 Plaintiff, i ORDER
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12 ABC NISSAN, INC., et al.,
13 Defendants. g
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1 5 Pending before the Court, inter alia,] are Defendants' Motion to Compel Discovery [Doc.
16 No. 74] and Defendants' Motion to Compel [Doc. No. 87], both filed pursuant to Rule 37 ofthe
17 Federal Rules of Civil Procedure. Plaintiff has not responded to either Motion.
18 Rule 7.2(i) of the Rules of Practice ofthe United States District Court for the District of
19 Arizona ("Local Rule 7.2(i)") states that failure to timely respond to a motion may be deemed
20 consent to the granting of the motion and that the Court may then dispose of the motion
21 summarily. As no response to either of Defendants' Motions has been filed, the Court finds that
22 granting Defendants' Motions to Compel is appropriate pursuant to Local Rule 7.2(i).
23 In addition, the Court will grant the Motions for good cause shown. The Court finds that
24 Plaintiffs responses to the First Set of Interrogatories and Request for Production are
25 inadequate. Furthermore, the Court notes that if Plaintiff was aware of a better means of
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2 8 the Coilzglgcgfgeggiigigfgggq gre Defendants' Motions for Summary Jud; ent, which
‘ EXHIBIT
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1 securing any of the requested information, Plaintiff could have so indicated or, at the least,
2 responded in a more adequate fashion. Also, the Court finds that because Plaintiff did not
3 respond to Defendants' Second Set of Interro gatories or Request for Production, such responses
4 must be furnished by Plaintiff
5 Thus, in granting the Motions to Compel, the Court specifically orders Plaintiff to:
6 1. Produce all records relating to Plaintiffs subsequent employment and efforts to find
7 employment since September 2003;
8 2. Produce all records relating to income earned by Plaintiff since leaving Defendant
9 ABC Nissan’s employ, including copies of any state or federal tax records, pay stubs, and W-2
10 and 1099 Forms;
11 3. Produce a completed, original IRS Form 4506 for the years 2001 through 2004;
12 4. Supplement answers to ABC Nissan’s Interrogatory Nos. 3, 4, 5, and 8;
13 5. Supplement disclosures under Rule 26(a)(l) of the Federal Rules of Civil Procedure
14 concerning the current amount and calculation of Plaintiffs alleged damages;
15 6. Respond to Camelback Toyota's First Set of Interrogatories and First Request for
16 Production of Documents;
17 7. Respond to ABC Nissan’s Second Set of Interrogatories and Second Request for
18 Production of Documents; and
19 8. Respond to Camelback Toyota's Second Set of Interrogatories and Second Request
20 for Production of Documents.
21 If Plaintiff fails to provide the above-ordered discovery by February 28, 2006, the Court
22 will entertain a Motion to Dismiss for failure to prosecute and/or a Motion for Sanctions due
23 to discovery violations.
24 Finally, pursuant to Rule 37(a)(A) of the Federal Rules of Civil Procedure, the Court
25 awards to Defendants their expenses, including attorneys' fees, associated with filing both
26 Motions to Compel. Plaintiff and Plaintiffs counsel shall be j ointly and severally liable for said
27 expenses. Defendants shall submit a rendering of their expenses at the conclusion of this case.
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l Accordingly,
2 IT IS THEREFORE ORDERED that Defendants' Motion to Compel Discovery [Doc.
3 No. 74] and Defendants' Motion to Compel [Doc No. 87] are GRANTED. Plaintiff shall
4 provide the discovery materials previously delineated in this Order by February 28, 2006.
5 IT IS FURTHER ORDERED that Defendants are entitled to their expenses incurred
6 in filing their Motions to Compel, a rendering of which shall be submitted at the conclusion of
7 this case.
8 IT IS FURTHER ORDERED that Plaintiff and Plaintiffs counsel shall be jointly and
9 severally liable for Defendants' expenses incurred in filing Defendants' Motions to Compel.
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11 DATED this 24th day of January, 2006.
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13 Stephen M. McNamee
14 Chief United States District Judge
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