Vanhouten v. Sansone

Full title: KORIN VANHOUTEN, et al, Plaintiffs, v. CHARLENE SANSONE, et al. Defendants

Court: United States District Court, D. Utah, Northern Division

Date published: Dec 7, 2004

Case No. 1:02-CV-00165 PGC (D. Utah Dec. 7, 2004)

Opinion

Case No. 1:02-CV-00165 PGC.

December 7, 2004

ORDER DENYING MOTION FOR AN ORDER TO SHOW CAUSE WHY PLAINTIFF'S CASE SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH ORDER COMPELLING DISCOVERY AND DENYING MOTION FOR RULE 37 SANCTIONS

PAUL CASSELL, District Judge

The court previously granted summary judgment in this matter in favor of defendants on all claims. Still pending is a combined motion for an order to show cause and a motion for sanctions. Because the court already granted summary judgment in favor of the defendants, the motion for an order to show cause is moot and is therefore denied.

Defendant's motion for sanctions alleges that the plaintiffs failed to participate in discovery and failed to show up for scheduled depositions. The court urges plaintiff's counsel in the future to ensure that his clients receive notice of scheduled depositions and appear ready to have their deposition taken. The failure of the plaintiffs in this case, however, does not rise to a level for which sanctions should be imposed. The motion is therefore DENIED (#51-2).