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Ruffin v. Capital Recovery Associates

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


October 5, 2007

KELLYSTEEN RUFFIN, PLAINTIFF
v.
CAPITAL RECOVERY ASSOCIATES, INC., DEFENDANT

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 5th day of October, 2007, upon consideration of plaintiff's motion to compel discovery and for payment of expenses (Doc. 2), averring that a corporate designee of Capital Recovery Agency, Inc.*fn1 did not attend a scheduled deposition and seeking costs and attorney's fees for this failure to comply with a discovery request, see FED. R. CIV. P. 30, 37, and it appearing that the motion is unopposed,*fn2 it is hereby ORDERED that the motion to compel discovery and for payment of expenses (Doc. 2) is GRANTED in part as follows:

1. Capital Recovery Agency, Inc. shall comply with the notice of deposition duces tecum served upon it by plaintiff and shall provide a suitable corporate designee or designees, with the requested documents, for deposition at the office of plaintiff's attorney, at a date and time set by plaintiff's attorney.

2. On or before October 22, 2007, Capital Recovery Agency, Inc. shall file, through counsel, a brief in opposition to plaintiff's request for the sum of $158.66 as costs and $405.00 as reasonable attorney's fees incurred by plaintiff as a result of Capital Recovery Agency, Inc's failure to comply with plaintiff's discovery request. See FED. R. CIV. P. 37. Failure to file a brief in opposition shall result in the request for costs and attorney's fees being deemed unopposed. See L.R. 7.6.

3. On or before October 12, 2007, plaintiff shall cause to be served upon Capital Recovery Agency, Inc. and defendant a copy of this order and file proof thereof with the court.*fn3


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