![]() A finding of bad faith is not a prerequisite for imposing sanctions under Rule 37(d), although a lack of bad faith may be considered in determining whether the imposition of sanctions would be unjust. The party facing sanctions bears the burden of establishing substantial justification or circumstances making an award of expenses unjust. ![]() In addition, courts must award reasonable expenses, including attorneys fees, unless the failure to appear was substantially justified or other circumstances make an award of expenses unjust. The sanctions that may be imposed include those listed in Rule 37(b)(2)(A)(i)-(vi), which include case-dispositive sanctions. 54).Ĭourts may impose sanctions for the failure of a party to appear for her deposition. Defendants oppose citing case law that permits individualized discovery in cases with even more opt-ins and due to there being no clear error in the Court's Order. Plaintiffs seek reconsideration for a more limited scope of discovery that only permits a representative sample. In doing so, it resolved the parties' dispute on the scope of individualized discovery. The Court also granted the parties' revised proposed discovery plan and scheduling order for the Court's approval. Defendants reply that dismissal is necessary because they are unable to do discovery on Curley's claims due to her being unresponsive. Plaintiffs oppose by arguing Defendants were warned that Curley would not appear and informed that she has become unresponsive. Defendants now request sanctions for Curley's failure to appear for her deposition up to and including dismissal of her claims. The Court previously granted the substitution of named Plaintiff Danielle Curley for the currently named plaintiffs via the First Amended Complaint, as Curley had become unresponsive. The parties are familiar with the facts of this case and the Court will not repeat them here except as necessary. ![]() The Court finds these matters properly resolved without a hearing. ![]() Also before the Court is Plaintiffs' Motion for Reconsideration (ECF No. Presently before the Court is Defendants' Motion for Sanctions (ECF No. ALBREGTS UNITED STATES MAGISTRATE JUDGE ORDER ![]()
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