Opinion
Civil Action No. 11-cv-00942-CMA-BNB.
September 2, 2011
ORDER
This matter arises on the defendants' Motion and Supporting Memorandum to Compel Discovery and for Sanctions [Doc. # 40, filed 8/3/2011] (the "Motion to Compel"). I held a hearing on the Motion to Compel this afternoon and made rulings on the record, which are incorporated here.
IT IS ORDERED:
(1) The Motion to Compel [Doc. # 40] is GRANTED.
(2) The plaintiff shall provide complete responses to the discovery, in full compliance with the formalities of the Federal Rules of Civil Procedure, and produce all responsive documents on or before September 16, 2011. The failure to comply with this order and to make the required discovery may result in the imposition of additional sanctions, including potentially dismissal of the action.
(3) Pursuant to Fed.R.Civ.P. 37(a)(5)(A), the defendants are awarded their reasonable expenses incurred in making the Motion to Compel, including their attorneys fees. The award is made jointly against the plaintiff and her counsel. To effectuate this award, the defendants shall provide to the plaintiff, on or before September 16, 2011, their fee application prepared in full compliance with D.C.COLO.LCivR 54.3. The parties may have to and including September 23, 2011, within which to agree on the amount of the award and to satisfy it. In the event the parties cannot agree or the award has not been satisfied, the defendants shall file their fee application on September 26, 2011.