POSCHMANN
v.
R.L.R. INVESTMENTS, LLC
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The court held that defense counsel is liable for sanctions due to repeated failure to comply with the scheduling order and lack of response to the motion to compel.
Plaintiff moved to compel Defendant to respond to interrogatories and for sanctions due to Defendant's late compliance with a scheduling order. Defend…
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(M.D. Fla. July 31, 2012) (imposing sanctions on defendant that “failed to obey the CMSO and that has not even attempted to show that her noncompliance was substantially justified under Rule 16(f)”); see generally Goforth v. Owens, 766 F. 2d 1533, 1535 (11th Cir. 1985) (“The sanctions contained in Rule 16(f) were designed
to punish lawyers and parties for conduct which unreasonably delays or otherwise interferes with the expeditious management of trial preparation.”). Accordingly, it is ORDERED:
1) Plaintiff’s motion to compel (Doc. 19) is GRANTED in part and DENIED in part.
2) Plaintiff is entitled to an award from defense counsel Anaeli Caridad Petisco-Rojas for reasonable fees and costs associated with efforts to
obtain compliance with the Court’s Scheduling Order, including time spent seeking compliance and the drafting and filing of the motion to compel and for sanctions. If this issue and the matter generally are not
resolved during the Court-ordered mediation scheduled for August 10, 2021, then Plaintiff may file an affidavit setting forth these fees and costs by August 24, 2021. By September 7, 2021, Defendant may respond to the affidavit to contest the reasonableness of any amounts but not Plaintiff's entitlement to an award of these fees and costs. ORDERED in Fort Myers, Florida on August 2, 2021.
Lida E Line [...]