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Environmental Dimensions, Inc. v. Energysolutions Government Group, Inc.

United States District Court, D. New Mexico

March 29, 2019

ENVIRONMENTAL DIMENSIONS, INC., A New Mexico Corporation, Plaintiff,
v.
ENERGYSOLUTIONS GOVERNMENT GROUP, INC. n/k/a Atkins Energy Government Group, Inc., a foreign for profit corporation, Defendant.

          MEMORANDUM OPINION AND ORDER

          JERRY H. RITTER U.S. MAGISTRATE JUDGE

         This 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.

         I. BACKGROUND

         The 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].

         ESGG 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].[1] 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.].

         II. LEGAL STANDARDS

         Federal 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 following:
(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 ...

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