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YOUNG v. OLLIE'S BARGAIN OUTLET

United States District Court, M.D. Pennsylvania


May 18, 2005.

JACQUELINE YOUNG, Plaintiff
v.
OLLIE'S BARGAIN OUTLET, INC., Defendant.

The opinion of the court was delivered by: JAMES McCLURE, Senior District Judge

ORDER

BACKGROUND:

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.

20050518

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