IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 14, 2011
CRYSTAL WILLIAMS, GUARDIAN AD LITEM FOR BRIAN WILLIAMS, PLAINTIFF,
CITY OF TULELAKE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff, who is proceeding with retained counsel, brings this civil action. Pending before the court is defendants' unopposed motion to compel and request for sanctions (Doc. 22).
Defendants served interrogatories and requests for production on plaintiff on May 16, 2011. After plaintiff failed to respond, and following unsuccessful meet-and-confer efforts, defendants filed the instant motion on August 23, 2011. Because the declarations and exhibits filed in support of defendants' motion reflect that plaintiff failed to respond to properly served discovery requests, defendants' motion will be granted. Plaintiff will be ordered to provide responses to defendants' discovery requests.
Turning to defendants' request for sanctions, Federal Rule of Civil Procedure 37(a)(5)(A) requires the court to award reasonable expenses to a party prevailing on a motion to compel. Here, counsel's declaration reflects that counsel spent three hours preparing the instant motion. The court finds this time to be reasonable and also finds counsel's hourly rate of $185.00 to be reasonable. Sanctions will be awarded in the amount of $555.00.*fn1
Accordingly, IT IS HEREBY ORDERED that:
1. Defendants' motion to compel (Doc. 22) is granted;
2. Within 30 days of the date of this order, plaintiff shall serve on defendants responses to interrogatories and requests for production; and
3. Within 30 days of the date of this order, plaintiff shall pay to defendants a monetary sanction in the amount of $555.00.