United States District Court, M.D. Pennsylvania
May 18, 2005.
JACQUELINE YOUNG, Plaintiff
OLLIE'S BARGAIN OUTLET, INC., Defendant.
The opinion of the court was delivered by: JAMES McCLURE, Senior District Judge
On August 24, 2004, plaintiff Jacqueline Young filed a two
count complaint against defendant Ollie's Bargain Outlet, Inc.
The complaint made claims of sexual harassment under Title VII of
the Civil Rights Act of 1964 ("Title VII") and the Pennsylvania
Human Relations Act ("PHRA"). On October 25, 2004, defendant
filed an answer and affirmative defenses to the complaint.
On March 11, 2005, defendant filed a motion to compel discovery
which was due on or before January 17, 2005. The motion and
proposed order included a request by defendant for an award of
reasonable expenses, including attorneys' fees, incurred in
making the motion to compel. The motion also indicated
defendant's numerous attempts to resolve the discovery issue
before resorting to filing a motion to compel. On April 11, 2005, plaintiff's counsel
filed an opposing brief which indicated that all necessary
discovery had been provided by plaintiff on April 1, 2005, and
argued that therefore the motion was moot.
On April 25, 2005, we ordered that pursuant to Federal Rule of
Civil Procedure 37(a)(4)(a) defendant was entitled to sanctions
for plaintiff's failure to make timely disclosures. Our April 25,
2005 order provided defendant with seven (7) days to submit
evidence of reasonable expenses incurred in the preparation of
the motion to compel, and the method for calculating those
expenses. The order also stated that plaintiff would then have
ten (10) days from receipt of the defendant's statement to file a
response. Upon receipt of both parties statements the court would
then determine the necessity of having a hearing.
On May 2, 2005, defendant filed its statement of reasonable
expenses and affidavit. (Rec. Doc. No. 17.) That statement
indicated that defendant incurred $1631.50 in reasonable expenses
in filing the motion to compel. Plaintiff did not file a
response. NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1. Defendant's motion to compel is granted to the extent it
seeks the recovery of reasonable expenses in the filing of the
motion. (Rec. Doc. No. 12.)
2. Defendant is entitled to $1631.50 for plaintiff's failure to
make timely disclosures as is evidenced by defendant's statement
(Rec. Doc. No. 17), which was not disputed by the plaintiff.
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