Free Order to Show Cause - District Court of Connecticut - Connecticut


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Date: June 14, 2004
File Format: PDF
State: Connecticut
Category: District Court of Connecticut
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I Case 3:03-cv-00929-AWT Document 40 Filed 06/10/2004 Page10f2 I
I I
I · UNITED STATES DISTRICT COURT I
I DISTRICT OF CONNECTICUT . I
NICHOLAS SICINOLFI AND : Zum! JUN I0 ID I2; [IU
THE NICNOLAS—JANEs COMPANY, - UQ DISMWUW I
PI,......ff., Q "I·I»*III I
v. CASE NO. 3:I03CV929(AWT) I
TOWN OF TRUMBULL ET AL., E ‘ I
Defendants. I _ _ I
I
_ ORDER TO snow CAUSE I
On October 11, 2003, the defendants served inuerrogatories and I
requests for production on the plaintiffs. The court granted the I
plaintiffs‘ request for an extension of time until December 10, I
2003 to respond to the defendants‘ discovery requests. (Doc. #28.) I
When the plaintiffs did not produce discovery, responses, the I
defendants filed a motion for default on January 21, 2004. (Doc. I
#29.) The plaintiffs did not file a response to the motion. On
March 9, 2004, the court granted the motion in part and denied it
in part. (Doc. #33.) The court ordered the plaintiffs to provide `
discovery responses within ten (10) days of the filing of the I
court's order. The court denied the defendants' request for an I
Order entering default and/or precluding the plaintiff Nicholas I
Sicinolfi's testimony. Despite the court's Order, the plaintiffs
still did not produce responses to the defendants' discovery
requests. On March 22, 2004, the defendants filed a second motion
for default, now pending before court. (Doc. #34.) Because the
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Case 3:03-cv-00929-AWT Document 40 Filed 06/10/2004 Page 2 of 2
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plaintiffs have failed to comply with the court's discovery order, I
the defendants seek a court order: (1) entering default against the I
plaintiffs; (2) precluding Nicholas Sicinolfi from testifying I
regarding the topics addressed in the defendants' discovery I
requests; and (3) awarding the defendants $250 incurred in the I
filing of the January 21, 2004 and instant motions for default. I
(Doc. #38 at 2.) The plaintiffs' opposition was due within twenty- I
one (21) days of the filing of the defendants' motion for default.
Qee D.Conn.L.Civ.R. 37(a)(1). The plaintiffs have filed no
response to the defendants' motion. I
It is hereby ORDERED that: I
1. The plaintiffs and their counsel shall appear before the I
undersigned on June 17, 2004 at 2:00 p.m. to SHOW CAUSE as to why I
the requested sanctions should not enter. The plaintiffs shall be I
present at the hearing.
2. Counsel for the plaintiffs shall cause notice of this I
Order to Show Cause to be served on the plaintiffs.
The plaintiffs are on notice that failure to comply with the
court's orders may result in the imposition of sanctions, including I
the dismissal of this action with prejudice. I
SO ORDERED at Hartford, Conne icut th" "%£d·y of June, I
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Io`iaIFrqM;?tihe;-*“*“m*—Mwm liiinhn Ah-
United States Magistrate Judge I
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