Motion to Compel Initial Responses???????
This is a collections case brought by a workers? compensation insurer against an insured for underpaid premiums (roughly $30,000 in total).? Before the Court this day are two unopposed discovery motions by plaintiff seeking an order compelling defendant to provide responses.? Service of the motions appears proper, but no opposition has been filed.? It does appear as though defendant is trying to gather funds to settle the case rather than deal with discovery requests.
Even though the parties may be working toward settlement, absent an agreement to the contrary plaintiff is still entitled, and defendant is still obligated, to participate in the exchange of discovery.
On 12/05/16 plaintiff caused to be served on defendant a request for production of documents and a request for admissions.? Outside a single extension, there has been no effort on defendant?s part to cooperate.? More than three months later there are still no responses provided to either.
Motion to compel verified, substantive, objection-free response to the RPD is GRANTED.? Defendant shall provide a written response and all responsive documents within 20 days.? Counsel is entitled to an award of sanctions.? Her proposed hourly rate of $395 is high for a collections case, but given that she only spent one hour on this motion, that is reasonable.? Sanctions of $455.00 are awarded.
So long as defendant has not served Code-compliant responses prior to the hearing, plaintiff?s motion to deem RFAs admitted is GRANTED.? Sanctions of $455.00 are awarded.