Opinion
CIVIL ACTION NO. 00-10956-GAO.
October 10, 2007
MEMORANDUM
This memorandum responds to the parties' request for clarification of the Court's July 16, 2007 Order imposing sanctions for the failure of certain defendants to provide certain discovery. Federal Rule of Civil Procedure 37(b)(2) authorizes a court, as a sanction for a party's failure to permit or provide discovery as required, to "make such orders in regard to the failure as are just," including (but not limited to) orders of the kinds thereafter enumerated in the Rule. The July 16 Order imposed sanctions pursuant to this authority.
The authority to impose sanctions under Rule 37(b)(2) is broad; any order that is "just" is authorized. The authority granted under the Rule includes the flexibility to make any other order that may be "just" if changes in circumstances warrant. Accordingly, in the July 16 Order the Court imposed sanctions that were judged to be "just," and simply reserved the question whether additional sanctions might be imposed as the Rule implicitly contemplates if it should appear in the future that it is "just" to do so. Even without the reservation, the Court would have the authority to amend the sanctions imposed when appropriate and "just."