Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Laren Salisbury, et al v. Arthur E. Hickman

March 18, 2013

LAREN SALISBURY, ET AL.,
PLAINTIFFS,
v.
ARTHUR E. HICKMAN, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SANCTIONS (Docs. 40, 42)

Laren Salisbury ("Plaintiff") seeks sanctions against defendants Arthur Hickman, Jaqueline Hickman, Joseph Termini, and Umberto Crimini (collectively, "Defendants") for failure to comply with the Court's order to provide further discovery. (Docs. 40, 42). Defendants filed a belated opposition to the motion. For the reasons set forth below, Plaintiff's motion for sanctions is GRANTED IN PART.

I. Relevant Procedural History

Laren Salisbury and Kim Downey initiated this action by filing a complaint on July 5, 20120. (Doc. 1). The Court entered its Scheduling Order on October 18, 2012, and ordered the parties "to complete all discovery, pertaining to non-experts and experts, on or before June 24, 2013." (Doc. 18 at 2). In addition, the Court warned the parties that "[t]he provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement disclosures and responses to discovery requests will be strictly enforced." Id.

On January 2, 2013, Plaintiff filed a motion to compel responses and/or further responses to Plaintiff's interrogatories and requests for production. (Doc. 28). The Court held a mid-discovery 3 status conference with the parties on January 11, 2013, and ordered Defendants' counsel to "use all 4 reasonable efforts to produce the outstanding discovery as soon as possible." (Doc. 32). Because the 5 parties failed to file a joint statement regarding the discovery dispute, Plaintiff's motion to compel was 6 dropped from the Court's calendar pursuant to Local Rule 251(a). (Doc. 33). 7

The parties filed a stipulation and proposed order for partial resolution of their motion to 8 compel on January 25, 2013. (Doc. 34). Defendants stipulated that they would provide discovery, 9 including the production of related documents, responding to the following requests:

 Request No. 1: A complete copy of all tenant and/or resident files, including the file covers, as kept in the ordinary course of business, regarding each tenant and/or resident who has occupied any residential rental dwelling, including mobile home park spaces, at the Arrowhead Mobile Home Park at any time since January 1, 2005, including but not limited to a copy of all leases or rental agreements, applications, notices, rent receipts, security deposit refunds, eviction documents, complaints, notes, and communications.

 Request No. 3: A complete copy of all writings or records reflecting applications, including applicant files, including the file covers, as kept in the ordinary course of business, for each person seeking to rent at any dwelling, including mobile home park spaces, at the Arrowhead Mobile Home Park at any time since January 1, 2005.

 Request Nos. 4, 5: Each writing, record, or document that constitutes, describes, memorializes, or reflects advertisements, listing, or records of vacancies for rent at any dwelling, including mobile home park spaces, at the Arrowhead Mobile Home Park at any time between January 1, 2005.*fn1

 Request No. 6: Each writing, record, or document that constitutes, reflects, memorializes, constitutes, or pertains to policies, procedures, and instructions of any resident manager or any other agent related to apartment rules, tenant rules, or tenancy regulations at any dwelling, including mobile home park spaces, at the Arrowhead Mobile Home Park at any time since January 1, 2005, including but not limited to written rules, policy manuals, handbooks, notices, notes, meeting minutes, memoranda, correspondence, diaries, appointment books, signs or calendars.

 Request No. 9: A complete copy of all files, including file covers, as kept in the ordinary course of business, regarding the work performed by any person employed by any defendant in connection with the ownership, operation, or management of any rental dwelling, including mobile home park spaces, owned or managed by defendant since January 1, 2005

In addition, Defendants asserted that further responses to Plaintiff's First Set of Interrogatories, Nos. 1, 2 2, 3, 4, 9 and 10 would be provided by February 14, 2013. (Doc. 34 at 5-10). Based upon the terms of 3 the parties' stipulation, the Court ordered Defendants to "provide discovery as set forth in the Joint 4

Application and Stipulation re Partial Resolution of Plaintiffs' Motion to Compel filed January 25, 5 2013 [Doc. 33], by February 14, 2013." (Doc. 37 at 2). 6

On February 20, 2013, Plaintiff filed a notice of a motion for sanctions for failure to comply 7 with the Court's order.*fn2 (Doc. 40). Defendants filed objections to the notice on February 21, 2013, 8 asserting the motion "was untimely and did not include a Memorandum of Points and Authorities." 9 (Doc. 41 at 2). Plaintiff filed an amended notice on February 22, 2013 (Doc. 42), and filed the memorandum in support thereof on February 27, 2013. (Doc. 45). In the memorandum, Plaintiff reported that Defendants had provided some discovery on February 26, 2013 but that this was on a very limited topic. Id. at 4. Other than this, Plaintiff asserted that Defendants had failed to comply with the terms of the stipulation and the Court's order. Id. at 3-4. As a result, Plaintiff seeks sanctions including striking ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.