Opinion
Case No. 2:11-cv-11253-GCS -MAR
11-16-2012
RICHARD SMITH AND RONALD SMITH, Plaintiffs, v. HENRY R. LEWIS and VANTAGE TRAVEL SERVICE, INC. Defendants.
HON. GEORGE CARAM STEEH
ORDER DENYING PLAINTIFFS' MOTION FOR A DEFAULT JUDGMENT BUT
GRANTING MONETARY SANCTIONS
This matter is before the Court on Plaintiffs' motion for entry of a default judgment as a discovery sanction (Dkt. No. 29). The Court has reviewed this motion, Defendants' response (Dkt. No. 32) and Plaintiffs' reply (Dkt. No. 36); oral argument was heard on November 13, 2012. Being otherwise fully advised, and for the reasons stated on the record:
IT IS ORDERED that the motion - to the extent it seeks entry of default judgment - is DENIED. However, the Court finds that a lesser sanction is appropriate, and Defendants shall pay Plaintiffs' reasonable attorney fees and costs limited to: the motion for sanctions (Dkt. No. 29), the reply brief (Dkt. No. 36) and any time billed for oral argument. On or before November 27, 2012, Plaintiffs' counsel shall submit a bill of costs for the Court's consideration.
Defendants are advised that a continued failure to abide by the Court's orders may result in additional sanctions up to and including the entry of a default judgment.
IT IS SO ORDERED.
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Mark A. Randon
United States Magistrate Judge
Certificate of Service
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date, November 16, 2012, by electronic and/or ordinary mail.
Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon
(313) 234-5540