Friday, May 6, 2011

Defendant's Repeated Discovery Violations Warrant Entry of Default

Plaintiff's motion for a default judgment against defendants for failing to provide discovery was granted. "Defendants have not participated in discovery, but rather have refused to provide depositions or responses to [plaintiff's] written discovery requests. . . . The record is replete with evidence of willfulness. Defendants have ignored discovery deadlines and other obligations imposed both by the Rules of Civil Procedure and explicit orders of the Court. . . . [Plaintiff] has been unable to prosecute its claims and defend against Defendants’ counterclaims. . . . The Court has already imposed less drastic sanctions, ordering Defendants to pay [plaintiff's] reasonable attorney fees in connection with the earlier motion to compel. . . . [Plaintiff] is entitled to a default judgment in this matter."

Belwith Products, LLC v. Seema Warwick Hardware, Inc., et. al., 1-10-cv-00724 (MIWD May 4, 2011, Order) (Jonker, J.).

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