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Wysocki v. Dourian

United States District Court, D. Nevada

September 11, 2017

DALE WYSOCKI, Plaintiffs,
v.
DIKRAN DOURIAN, Defendants.

          ORDER (DOCKET NO. 14)

          NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE.

         Pending before the Court is Defendant Dikran Dourian's motion for sanctions. Docket No. 14. A response to Defendant's motion for sanctions was due on or before September 1, 2017; however, Plaintiff failed to respond. The Court may, therefore, grant the motion as unopposed. Local Rule 7-2(e). For the reasons discussed more fully below, the Court GRANTS the motion in part and DENIES the motion in part.

         I. OVERVIEW

         Defendant's motion is predicated on numerous discovery violations committed by Plaintiff's counsel. Most significantly, those discovery violations include the following:

• The parties' initial disclosures were due on or before March 24, 2017. Docket No. 9 at 4. To date, Plaintiff has not provided his initial disclosures. Docket No. 14 at 3, 13.
• Defendant served Plaintiff with the First Set of Interrogatories and First Set of Requests for Production on June 12, 2017. Docket No. 14-1, 14-2, 14-3. To date, Plaintiff has not provided responses to either. Docket No. 14 at 5.
• Defendant's counsel notified Plaintiff's counsel of the over-due initial disclosures and requested receipt no later than June 23, 2017 and July 14, 2017. Docket No. 14-5 at 2 14-6 at 2, 14-8 at 2, 14-10 at 2.
• Although Plaintiff's counsel stated he would provide initial disclosures and responses to written discovery the week of July 24, 2017, no disclosures or responses were provided. Docket No. 14 at 5.

         Defendant has requested that the Court dismiss Plaintiff's Complaint, or in the alternative, compel initial disclosures and responses to Defendant's first set of written discovery, with objections waived, as well as Defendant's reasonable attorneys' fees and costs incurred in bringing this motion. Id. at 10.

         II. STANDARDS

         A. Initial Disclosures and Written Discovery

         Rule 26(a)(1)(A) requires parties to provide initial disclosures to the opposing parties without awaiting a discovery request as a way to “assist the parties in focusing and prioritizing their organization of discovery.” City & County of San Francisco v. Tutor-Saliba Corp., 218 F.R.D. 219, 221 (N.D. Cal. 2003). Unless the Court or parties provide otherwise, initial disclosures must be made within 14 days following the Fed.R.Civ.P. 26(f) conference. See Fed. R. Civ. P. 26(a)(1)(C). Failure to provide disclosures under Rule 26(a) provides grounds for a party to “move to compel disclosure and for appropriate sanctions.” Fed.R.Civ.P. 37(a)(3)(A). Responses to interrogatories and requests for production must be made, along with any objections, “within 30 days after being served.” Fed.R.Civ.P. 33(b)(2), 34(b)(2). Failure to respond to discovery requests under Fed.R.Civ.P. 33 and 34 provides grounds for an order compelling an answer, production, or sanctions. See Fed. R. Civ. P. 37(a)(3)(B)(iii-iv), 37(d)(A)(ii).

         B. Sanctions

         The broad, underlying purpose of the Federal Rules of Civil Procedure is to “secure the just, speedy, and inexpensive determination of every action and proceeding.” Fed.R.Civ.P. 1. As the text of Fed.R.Civ.P. 1 now makes explicit, the duty to strive toward that goal is shared by the Court and the parties. See Id. It is with that charge as a guide that this Court construes and administers the Rules. There are several mechanisms by which this goal can be accomplished, including ...


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