Ramshaw v. Ehret
Ramshaw v. Ehret
2022 WL 18664565 (E.D. Mo. 2022)
May 24, 2022
Baker, Nannette A., United States Magistrate Judge
Summary
The Court ordered Defendants to provide written responses to Plaintiffs' second set of discovery requests and address any deficiencies in their responses and supplemental responses to Plaintiffs' first set of discovery requests no later than May 31, 2022. If Defendants fail to comply, additional sanctions will be imposed. The Court also ordered Defendants to pay some or all of the fees submitted by Plaintiffs. This case involves ESI, which may contain evidence relevant to the case.
Additional Decisions
MICHAEL RAMSHAW, et al., Plaintiffs/Counter-Defendants,
v.
BERNHARD EHRET, et al., Defendants/Counter-Plaintiffs
v.
BERNHARD EHRET, et al., Defendants/Counter-Plaintiffs
Case No. 4:20-CV-359-NAB
United States District Court, E.D. Missouri, Eastern Division
Filed: May 24, 2022
Counsel
Peter C. Woods, Haar and Woods, LLP, St. Louis, MO, for Plaintiffs/Counter-Defendants.Joe D. Jacobson, Jacobson Press PC, Clayton, MO, for Defendants/Counter-Plaintiffs.
Baker, Nannette A., United States Magistrate Judge
ORDER
*1 This matter is before the Court on Plaintiffs’ Renewed Second Motion to Compel Defendants’ Discovery Responses and for Sanctions. (Doc. 71.) Defendants failed to file a response, and the time to do so has passed.
On August 31, 2021, Plaintiffs served Defendants with their second requests for production of documents. After the discovery requests were served, Defendants’ counsel moved to withdraw, and new counsel entered. (Docs. 48, 59.) On November 16, 2021, the Court held a status conference with Plaintiffs’ counsel and Defendants’ new counsel. At the conference, the Court ordered Defendants to fully respond to Plaintiffs’ discovery requests no later than January 13, 2022. (Doc. 61.)
In Plaintiffs’ motion, they assert that Defendants did not provide any supplemental discovery until March 14, 2022, six weeks after the court-imposed deadline. At that time, Defendants produced a series of account statements. However, they failed to provide any written responses to Plaintiffs’ second set of discovery requests, and have not confirmed whether or not additional documents are forthcoming. (Doc. 71, ¶ 6.) Plaintiffs also point to deficiencies in Defendants’ responses and supplemental responses to Plaintiffs’ first set of discovery requests originally propounded on August 4, 2020. (Id. ¶¶ 7-8.) Plaintiffs seek an order compelling Defendants to fully respond to all aspects of the Court's Orders as stated during the November 16, 2021 status conference and the Order dated January 11, 2012. Plaintiffs also seek an order further sanctioning Defendants for their repeated failures to comply with the Federal Rules and the Court's previous Orders.
The Court already granted Plaintiffs’ second motion to compel and sanctions. (Doc. 65.) Plaintiffs’ renewed second motion to compel was filed on March 16, 2022. More than two months later, Defendants have not responded to the motion or provided any indication to the Court that they have satisfied their discovery obligations or complied with the orders of the Court. The Court will grant the renewed motion.
With respect to Plaintiffs’ request for sanctions, the Court has repeatedly intervened in discovery disputes in this case, and Defendants have been warned time and again of their discovery obligations. Plaintiffs have submitted itemized fees and costs in response to the initial order granting the second motion to compel, and the Court will be ordering Defendants to pay some or all of the fees submitted by Plaintiffs. This sanction was apparently insufficient to motivate Defendants to comply with the Court's orders and the discovery rules. Therefore, the Court will grant Defendants’ renewed sanctions request and award reasonable attorneys’ fees and costs to Plaintiffs for their continued efforts to obtain discovery. Plaintiffs shall submit to the Court, within fourteen days of this order, an affidavit and supporting documentation showing the fees and costs incurred in making their renewed second motion to compel and in addressing Defendants’ continued noncompliance with the discovery rules. Plaintiffs do not need to include the documentation that is already before the Court. No later than ten days after Plaintiffs’ submissions are due, Defendants may file a brief in response of no more than four pages, if they dispute any of the fees and costs claimed by Plaintiffs.
*2 Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ Renewed Second Motion to Compel Defendants’ Discovery Responses and for Sanctions is GRANTED. (Doc. 71.)
IT IS FURTHER ORDERED that Defendants shall provide written responses to Plaintiffs’ second set of discovery requests and address the deficiencies in their responses and supplemental responses to Plaintiffs’ first set of discovery requests no later than May 31, 2022. Should Defendants written discovery responses and any accompanying production not satisfy Plaintiffs’ inquiries or the Federal Rules regarding discovery, the parties shall promptly meet and confer, and Defendants shall promptly provide discoverable supplemental information and/or documents.
If Defendants fail to timely comply with this Order or fail to demonstrate their responsiveness and diligence in providing supplemental discovery, additional sanctions will be imposed.
Dated this 24th day of May, 2022.