Opinion
CIVIL CASE NO. 09-14874.
June 24, 2010
ORDER GRANTING DEFAULT JUDGMENT
This matter is before the Court on Plaintiff/Counterdefendant Safe Harbor Restoration, LLC's (Safe Harbor) Motion to Compel Discovery (Doc. No. 24). The Court heard oral argument on June 23, 2010. For the reasons stated on the record, the Court enters default judgment as to Defendant Sam Thankachen pursuant to FED. R. CIV. P. 37(b)(2)(A)(vi) and Rule 37(d)(3).
Rule 37(b) provides in relevant part that when a party "fails to obey an order to provide or permit discovery," the court may make such orders as are "just." FED. R. CIV. P. 37(b)(2)(A). Under the Rule, the Court may issue orders, which include, but are not limited to "rendering a default judgment against the disobedient party". FED. R. CIV. P. 37(b)(2)(A)(vi). Here, Thankachen has failed to comply with discovery, failed to comply with this Court's orders, failed to respond to Safe Harbor's motion, and failed to appear at the hearing on the motion.
Accordingly, Safe Harbor is entitled to judgment in the amount of $96,000, as well as costs and attorney fees in the amount of $1500.