United States District Court, D. New Mexico
ENVIRONMENTAL DIMENSIONS, INC., A New Mexico Corporation, Plaintiff,
ENERGYSOLUTIONS GOVERNMENT GROUP, INC. n/k/a Atkins Energy Government Group, Inc., a foreign for profit corporation, Defendant.
MEMORANDUM OPINION AND ORDER
H. RITTER U.S. MAGISTRATE JUDGE
matter comes before the Court on Energy Solutions Government
Group, Inc.'s (“ESGG”) Motion to Compel
Environmental Dimensions, Inc.'s (“EDi”)
Compliance with the Court's Order Requiring Supplemental
Discovery Responses to Requests for Production Nos. 10, 15,
18, 19, and 20 [Doc. 88], filed September 27, 2018. EDi filed
a Response [Doc. 92');">92] on October 21, 2018, and ESGG filed its
Reply [Doc. 100] on November 19, 2018, completing the
briefing. Having considered the parties' submissions and
all pertinent authority, the Court will grant the Motion.
instant issue is a narrow one. On March 15, 2018, ESGG filed
a Motion to Compel Discovery Responses to Requests for
Production Nos. 10, 15, 18, 19, and 20. [Doc. 56]. EDi did
not file a Response to ESGG's Motion, instead choosing to
supplement its discovery responses. [See Docs. 63,
65]. However, ESGG's Reply brief in support of the Motion
argued that EDi's discovery responses remained deficient.
[See Doc. 67]. As such, the Court granted ESGG's
Motion to Compel on June 28, 2018. [See Doc. 74].
returned to Court three months later, arguing through the
present Motion that EDi has not yet supplemented its
discovery responses as required by the Court's Order.
[See Doc. 88, p. 2');">p. 2]. ESGG asks the Court to
“require EDi to comply with the Court's order
granting ESGG's previous motion to compel … and
award appropriate sanctions, including attorneys' fees
associated with filing this motion to compel.”
[Id.]. In its Response, EDi asserts that it
“simply does not have any more documents to
produce.” [Doc. 92');">92, p. 2');">p. 2]. ESGG's Reply asserts
that EDi's responses remain deficient. [See Doc.
100, pp. 3-6]. Specifically, ESGG demands a verified
explanation of why the documents it requests do not exist, if
that is EDi's position. [Id.].
Rule of Civil Procedure 37(b)(2) governs the present
circumstances. Specifically, Rule 37(b)(2)(A) provides that:
If a party … fails to obey an order to provide or
permit discovery … the court where the action is
pending may issue further just orders. They may include the
(i) directing that the matters embraced in the order or other
designated facts be taken as established for the purposes of
the action, as the prevailing party claims;
(ii) prohibiting the disobedient party from supporting or
opposing designated claims or defenses, of from introducing
designated matters in evidence;
(iii) striking pleadings in whole or in part;
(iv) staying further proceedings until the order is obeyed;
(v) dismissing the action or proceeding in whole or in part;
(vi) rending a default judgment against the disobedient