United States District Court, D. Nevada
ORDER (DOCKET NO. 14)
J. KOPPE UNITED STATES MAGISTRATE JUDGE.
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.
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,
• 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
• 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.
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.
Initial Disclosures and Written Discovery
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.
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