Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Rilwala Group, Inc.; et al, 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pending are Plaintiffs' Motion for Terminating Sanctions, To Compel Complete Responses and for Monetary Sanctions (Doc. #110) to which a Response (Doc. #123) was filed, and a Reply (Doc. #126) to the Response. Also pending is Plaintiffs' Second Motion for Monetary Sanctions Against Defendants (Doc. #124) to which a Response (Doc. #133) was filed, and a Reply (Doc. #138) to the Response. Also pending are two Motions for Sanctions against Rilwala Group, Inc. filed by Counter-Defendants/Cross-Complainants Anar Enterprises, Inc. and Amit Patel (Docs. #112 and #119). It is the finding of this Court that the Defendants' failures to provide timely and complete responses, including the failure to timely respond to Plaintiffs' motions for sanctions, and the failure to properly serve documents in accordance with Federal Rules of Civil Procedure 5(a) were done in bad faith, without substantial justification, and for the purpose of delaying the progress of this litigation.
Case 2:03-cv-02160-JAT Document 146 Filed 07/27/2005 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Kahala Corp.; et al, Plaintiffs, vs.

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No. CV-03-2160-PHX JAT ORDER

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Accordingly, the Court will Order the following: (1) Plaintiffs' Motion to Compel Complete Responses (Doc. #110) will be granted in each of the particulars set forth under the heading "Argument" in each of Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11; (2) Plaintiffs' Objection to Defendants' Former Local Rule 1.2(i) RICO statement will be sustained, and Defendants will be ordered to respond in the particulars detailed under the headings "Argument" in Exhibit 12; and (3) each of the above deficiencies shall be corrected by supplemental responses by August 10, 2005. However, the Court will deny the requested relief of dismissal of the counterclaim. Also pending is Plaintiffs' Second Motion for Monetary Sanctions against Defendants (Doc. #124) for failing to serve eleven of thirteen documents in accordance with Federal Rules of Civil Procedure 5(a). The Court will grant Motion for Monetary Sanctions against Defendants. Also pending is Cross-claimant's Motion for Sanctions against Defendants (Doc. #112) for failure to comply with discovery requests. The Court will grant Motion for Monetary Sanctions against Defendants. Also pending is Cross-claimant's Motion for Sanctions against Defendants (Doc. #119) for failing to give notice as required under Rule 5 of the Federal Rules of Civil Procedure. Defendants. The Court recognizes the Defendants have gone though multiple lawyers over a period of several months. The Court is unable to differentiate the fault attributable to attorneys from that of the parties. Accordingly, these sanctions are levied on the defendants jointly and severally, but not against the attorneys. If fault properly lies against attorneys, the parties, as clients, have appropriate remedies in a separate proceeding. The Court will also grant this Motion for Monetary Sanctions against

CONCLUSION Based on the foregoing,

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IT IS ORDERED that Plaintiffs' Motion to Compel Complete Responses (part of Doc. #110) in each of the particulars set forth under the heading "Argument" in each of Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 is GRANTED. IT IS FURTHER ORDERED sustaining Plaintiffs' Objection to Defendants' Former Local Rule 1.2(i) RICO statement (part of Doc. #110), and ordering Defendants to respond in the particulars detailed under the headings "Argument" in Exhibit 12 (part of Doc. #110). IT IS FURTHER ORDERED that each of the above deficiencies be corrected by supplemental responses by August 10, 2005. IT IS FURTHER ORDERED Plaintiffs' request for dismissal of the counterclaim is denied (part of Doc. # 110), and any other request for relief not specifically granted herein is denied. IT IS FURTHER ORDERED that both of Plaintiffs' Motions for Monetary Sanctions against Defendants (parts of Docs. #110 and #124) are GRANTED. IT IS FURTHER ORDERED that Plaintiffs shall submit a single all-inclusive affidavit of reasonable attorney's fees within 20 days of this order. IT IS FURTHER ORDERED that both of Cross-claimant's Motions for Monetary Sanctions against Defendants (parts of Docs. #112 and #119) are GRANTED to the limited extent that the Court will award attorney's fees; the motions are denied in all other respects. IT IS FURTHER ORDERED that Cross-claimants shall submit a single all-inclusive affidavit of reasonable attorney's fees within 20 days of this order. DATED this 26th day of July, 2005.

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