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Copyright | Florida Southern
Order on Motion to Compel Order on Motion for Sanctions
PAPERLESS ORDER GRANTING 54 MOTION TO COMPEL AND AWARDING SANCTIONS: At yesterday's hearing, Plaintiff's counsel acknowledged that his 65 Response to Defendant's Motion to Compel contained material factual inaccuracies. Specifically, although Plaintiff represented in his Response that all outstanding discovery responses had been served, Plaintiff's counsel conceded at the hearing that no responses to Defendant's interrogatories had, in fact, been served. Likewise, although Plaintiff asserted in the Motion that Defendant failed to confer in good faith before filing the Motion, Plaintiff's counsel acknowledged that Defendant's counsel had, in fact, attempted to confer with him multiple times regarding the outstanding discovery. Such inaccurate factual representations to the Court are unacceptable, particularly when made by an officer of the Court. Based on the representations of counsel at the hearing and the clear relevance and proportionality of the discovery sought, Defendant's 54 Motion to Compel is GRANTED. No later than MONDAY, JULY 6, 2026, Plaintiff SHALL serve complete, verified responses to Defendant's interrogatories. I further find that an award of reasonable expenses is warranted under Federal Rule of Civil Procedure 37(a)(5). Defendant attempted in good faith to resolve these discovery issues without Court intervention, Plaintiff's failure to provide the requested discovery was not substantially justified, and no other circumstances make an award of expenses unjust. Accordingly, Plaintiff or Plaintiff's counsel SHALL PAY Defendant $2,400.00 as reasonable attorney's fees incurred in bringing the Motion to Compel. No later than FRIDAY, JULY 10, 2026, Plaintiff SHALL file a notice confirming both that the required discovery has been served and that the monetary sanction has been paid.Failure to strictly comply with this Order will result in Plaintiff and Plaintiff's counsel being required to appear and show cause why I should not recommend that the District Judge dismiss this action for failure to comply with the Court's discovery orders and failure to prosecute this case. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 7/3/2026. (hrn)
Discovery Hearing MOTION Hearing or Evidentiary Motion Hearing + MINUTE ORDER (IMPORTANT! select w hrg(s) for AO CREDIT)
PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Shaniek Mills Maynard: Motion hearing held on 7/2/2026 re Defendant's 54 Motion to Compel and Motion for Sanctions. Plaintiff Jeffrey Andros present with counsel Aaron Van Johnson || Defendant's Corporate Representative Thomas A. Kenny present with counsel Keiron Keith Jackman. Parties discussed issues relating to Defendant's 54 Motion. Order to follow. Total time in court: 22 minutes. (Digital 10:04:36--10:26:19.) (hrn)
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