GRANO v. CITY OF BLOOMFIELD

No. 1:16-cv-00937 JCH/KK.

MARK GRANO, individually and as Personal Representative of the Wrongful Death Estate of John Rogers, deceased; BILLIE ROGERS; JOHN ROGERS, JR.; and DANA DAVILA, Plaintiffs, v. CITY OF BLOOMFIELD; ANDREW DARBY; and DOES 1 through 10, inclusive, Defendants.

United States District Court, D. New Mexico.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Mark Grano, Plaintiff, represented by James H. Wood , Law Office of James H Wood PC.

Mark Grano, Plaintiff, represented by Gregory Peacock , Layfield & Barrett, APC, pro hac vice, Jonathan Teller , Layfield & Barrett, APC, Philip Layfield , Layfield & Barrett, APC, pro hac vice, Slav Kasreliovich , Layfield & Barrett, APC, pro hac vice, Theresa V. Hacsi , Fadduol, Cluff, Hardy & Conaway PC & Thomas Gordon Wood , Law Office of James H. Wood.

Billie Rogers, Plaintiff, represented by James H. Wood , Law Office of James H. Wood PC, Gregory Peacock , Layfield & Barrett, APC, pro hac vice, Jonathan Teller , Layfield & Barrett, APC, Philip Layfield , Layfield & Barrett, APC, pro hac vice, Slav Kasreliovich , Layfield & Barrett, APC, pro hac vice, Theresa V. Hacsi , Fadduol, Cluff, Hardy & Conaway PC & Thomas Gordon Wood , Law Office of James H. Wood.

John Rogers, Jr., Plaintiff, represented by James H. Wood , Law Office of James H. Wood PC, Gregory Peacock , Layfield & Barrett, APC, pro hac vice, Jonathan Teller , Layfield & Barrett, APC, Philip Layfield , Layfield & Barrett, APC, pro hac vice, Slav Kasreliovich , Layfield & Barrett, APC, pro hac vice, Theresa V. Hacsi , Fadduol, Cluff, Hardy & Conaway PC & Thomas Gordon Wood , Law Office of James H. Wood.

Dana Davila, Plaintiff, represented by James H. Wood , Law Office of James H. Wood PC, Gregory Peacock , Layfield & Barrett, APC, pro hac vice, Jonathan Teller , Layfield & Barrett, APC, Philip Layfield , Layfield & Barrett, APC, pro hac vice, Slav Kasreliovich , Layfield & Barrett, APC, pro hac vice, Theresa V. Hacsi , Fadduol, Cluff, Hardy & Conaway PC & Thomas Gordon Wood , Law Office of James H. Wood.

City of Bloomfield, Defendant, represented by Mark D. Jarmie , Jarmie & Associates, Mark D. Standridge , Jarmie & Associates & Matthew Bullock , Jarmie & Associates.

Andrew Darby, Defendant, represented by Mark D. Jarmie , Jarmie & Associates, Mark D. Standridge , Jarmie & Associates & Matthew Bullock , Jarmie & Associates.


ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR SANCTIONS/MOTIONS TO COMPEL

KIRTAN KHALSA, Magistrate Judge.

THIS MATTER came before the Court on Defendant City of Bloomfield's Opposed Motion to Compel or for Sanctions Against Estate of John Rogers (Doc. No. 40), Defendant Andrew Darby's Opposed Motion to Compel or for Sanctions Against Estate of John Rogers (Doc. No. 41), and Defendant City of Bloomfield's Opposed Motion to Compel or for Sanctions Against Individual Plaintiffs (Doc. No. 42). The Court having reviewed the Plaintiffs' responses (Doc. Nos. 49, 50 and 51) to the foregoing motions, having reviewed the Defendants' Replies (Doc. Nos. 54, 55 and 56) in support of the motions, having heard the arguments of counsel on June 30, 2017 (as reflected in the Clerk's Minutes, Doc. No. 63 (filed June 30, 2017)), and being fully advised in the premises, FINDS that the Motions are well-taken in part and are hereby GRANTED in part as set forth below.

IT IS THEREFORE ORDERED that all Plaintiffs in this matter shall be required to review and supplement their respective answers/responses to the following discovery requests by July 31, 2017:

• Defendant City of Bloomfield's First Set of Interrogatories to Plaintiff Marc Grano as Personal Representative of the Estate of John Rogers; • Defendant City of Bloomfield's First Set of Requests for Production to Plaintiff/Personal Representative Marc Grano; • Defendant City of Bloomfield's First Set of Requests for Admissions to Plaintiff/Personal Representative Marc Grano; • Defendant City of Bloomfield's First Set of Requests for Production Nos. 2 to 5 to Plaintiff Billie Rogers; • Defendant City of Bloomfield's First Set of Requests for Production Nos. 2 to 4 to Plaintiff Dana Davila; • Defendant Andrew Darby's First Set of Interrogatories to Plaintiff/Personal Representative Marc Grano; • Defendant Andrew Darby's First Set of Requests for Production to Plaintiff/Personal Representative Marc Grano; and • Defendant Andrew Darby's First Set of Requests for Admissions to Plaintiff/Personal Representative Marc Grano.

With respect to the Responses to Defendants' Requests for Admissions, the Court reminds Plaintiff/Personal Representative Grano that denials based on lack of knowledge by the personal representative are insufficient and improper, and that the personal representative has an obligation to reasonably investigate the facts in good faith. The Plaintiff/Personal Representative's Responses to Defendants' Requests for Admissions shall specifically admit or deny the matters or set forth in detail the reasons why the personal representative cannot truthfully admit or deny the matters. The personal representative cannot give lack of information or personal knowledge as a reason for failure to admit or deny unless the personal representative demonstrates that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny.

IT IS FURTHER ORDERED that Plaintiffs shall be required to supplement their initial disclosures with their damages computation in accordance with FED. R. CIV. P. 26(a)(1)(A)(iii) by July 31, 2017.

IT IS FURTHER ORDERED that the "Preliminary Statement and General Objections" preceding each and every one of Plaintiffs' discovery responses are hereby STRICKEN and OVERRULED.

IT IS FURTHER ORDERED that all objections to the Defendant City of Bloomfield's contention interrogatories lodged by Plaintiff/Personal Representative Marc Grano are hereby OVERRULED, except that any attorney-privilege claims made in response to the Defendants' discovery requests are not stricken at this time but should be retracted unless a privilege log is served with the Plaintiff's supplemental discovery responses.

IT IS FURTHER ORDERED that, pursuant to FED. R. CIV. P. 37(a)(5)(A) and (C), Defendants are awarded all reasonable attorneys' fees and costs associated with 1) attempting to resolve the discovery disputes underlying their Motions for Sanctions, 2) the briefing and filing of the Motions and Replies in support thereof, and 3) preparing for and attending the June 30, 2017 hearing on this matter. Defendants are instructed to submit affidavits regarding attorney's fees and costs incurred in connection with the foregoing within ten days of the entry of this Order.

IT IS FURTHER ORDERED THAT within twelve days of the entry of this Order, counsel for Plaintiff, Gregory Peacock, Jonathan Teller, Philip Layfield, Slav Kasreliovich and Layfield & Barrett, APC, show cause in writing why the Rule 37 sanctions awarded herein should not be imposed against Layfield & Barrett, APC and/or its members as opposed to Plaintiff. Fed. R. Civ. P. 37(a)(5)(A) (authorizing the imposition of sanctions for discovery violations against the opposing party, its attorney, or both). This show cause order is not an invitation to revisit the Court's award of sanctions for the discovery violations.

IT IS FURTHER ORDERED that Defendants' requests for dismissal of this case as a sanction and for the Court to deem admitted Plaintiffs' untimely and/or otherwise improper responses to Defendants' Requests for Admissions are hereby DENIED.

IT IS FURTHER ORDERED that any continued discovery abuses by the Plaintiffs in this matter may result in the dismissal of this action as a sanction.

IT IS SO ORDERED.


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