Williams et al v. State of California et al
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 11/14/2011 ORDERING 22 Motion to Compel is GRANTED; Plaintiff shall serve on defendants response to interrogatories and requests for production within 30 days; Plaintiff shall pay to defendants a monetary sanction in the amount if $555.00 within 30 days. (Waggoner, D)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CRYSTAL WILLIAMS, guardian
ad litem for Brian Williams,
No. CIV S-10-1889-JAM-CMK
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Plaintiff,
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vs.
ORDER
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CITY OF TULELAKE, et al.,
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Defendants.
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/
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Plaintiff, who is proceeding with retained counsel, brings this civil action.
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Pending before the court is defendants’ unopposed motion to compel and request for sanctions
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(Doc. 22).
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Defendants served interrogatories and requests for production on plaintiff on May
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16, 2011. After plaintiff failed to respond, and following unsuccessful meet-and-confer efforts,
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defendants filed the instant motion on August 23, 2011. Because the declarations and exhibits
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filed in support of defendants’ motion reflect that plaintiff failed to respond to properly served
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discovery requests, defendants’ motion will be granted. Plaintiff will be ordered to provide
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responses to defendants’ discovery requests.
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Turning to defendants’ request for sanctions, Federal Rule of Civil Procedure
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37(a)(5)(A) requires the court to award reasonable expenses to a party prevailing on a motion to
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compel. Here, counsel’s declaration reflects that counsel spent three hours preparing the instant
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motion. The court finds this time to be reasonable and also finds counsel’s hourly rate of
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$185.00 to be reasonable. Sanctions will be awarded in the amount of $555.00.1
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Accordingly, IT IS HEREBY ORDERED that:
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1.
Defendants’ motion to compel (Doc. 22) is granted;
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2.
Within 30 days of the date of this order, plaintiff shall serve on defendants
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responses to interrogatories and requests for production; and
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3.
Within 30 days of the date of this order, plaintiff shall pay to defendants a
monetary sanction in the amount of $555.00.
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DATED: November 14, 2011
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______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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Because the hearing on defendants’ motion to compel was vacated and the matter
submitted without oral argument, the court does not find it appropriate to award sanctions for any
time claimed for attending a court hearing on the motion.
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