Free Order on Motion for Sanctions - District Court of Delaware - Delaware

Case 1:04-cv-OO705—JJF Document 45 Filed 05/O9/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES KAMARA :
Plaintiff, E
v. E Civil Action No. 04-705-JJF
MICHAEL FUNDING LLC, E
Defendant. E
O R D E R
WHEREAS, the Court held a post—discovery hearing in
this matter on Thursday, May 4, 2006;
WHEREAS, Plaintiff did not appear at the May 4 post-
discovery hearing;
WHEREAS, Plaintiff filed a Motion To Compel Defendant
To Produce Documents (D.I. 43);
WHEREAS, Defendant filed a Motion For Sanctions
Pursuant To Rule 37(d)(1) (D.I. 39) requesting attorney's fees
and costs incurred in connection with a scheduled deposition of
Plaintiff at which Plaintiff failed to appear;
WHEREAS, Defendant filed a Motion To Compel Plaintiff's
Answers To Interrogatories And Rule 26(a) Initial Disclosures
(D.I. 37) in which Defendant requested attorney’s fees incurred
in connection with the Motion;
WHEREAS, at the hearing on May 4, Defendant orally
moved the Court to dismiss Plaintiff’s Complaint (D.I. I) for
failure to prosecute;

Case 1:04-cv-OO705—JJF Document 45 Filed 05/O9/2006 Page 2 of 2
NOW THEREFORE, IT IS HEREBY ORDERED that, for the
reasons stated on the record at the May 4, 2006 post—discovery
hearing;
1. Plaintiff’s Motion To Compel Defendant To Produce
Documents (D I. 43) is DENIED;
2. Defendant's Motions for attorney's fees and costs
(D.I. 37, 39) are GRANTED;
3. Within thirty (30) days of the date of this Order,
Plaintiff shall pay to Defendant $675.00, payable to PARKOWSKI,
GUERKE & SWAYZE, P.A., at 800 King Street, Suite 203, Wilmington,
DE, 19801;
4. Defendant's oral Motion To Dismiss Plaintiff’s
Complaint (D.I. 1) is GRANTED.
M_x Ci 2006 A-
DATE Qw ED mic JUDGE

Case 1:04-cv-00705-JJF

Document 45

Filed 05/09/2006

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Case 1:04-cv-00705-JJF

Document 45

Filed 05/09/2006

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