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Case: 1:13-cv-04005 Document #: 28 Filed: 12/31/13 Page 1 of 4 PageID #:164

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SANDRA GIUFFRE, Plaintiff, v. GERALD JENKINS, an individual, and GOLDBERG KOHN Ltd., a corporation ) ) ) ) ) ) ) )

No.

13-CV-04005

DEFENDANTS’ MOTION FOR SANCTIONS FOR PLAINTIFF’S FAILURE TO COMPLY WITH THIS COURT’S ORDER GRANTING DEFENDANTS’ MOTION TO COMPEL DISCOVERY RESPONSES Defendants Gerald Jenkins and Goldberg Kohn Ltd. (collectively, “Defendants”), by their undersigned counsel, respectfully move this Court for sanctions under Federal Rule of Civil Procedure 37(b)(2)(A)(v), specifically dismissal of this action, due to Plaintiff Sandra Giuffre’s (“Plaintiff’s) failure to comply with this Court’s November 26, 2013 Order. Despite this Court’s Order requiring Plaintiff to answer Defendants’ long-overdue written discovery by December 30, 2013, Plaintiff has not fulfilled any of her obligations under the Federal Rules of Civil Procedure. In support of this motion, Defendants submit the Declaration of Barry S. Alberts, attached hereto as Exhibit 1, and state as follows: 1. On August 5, 2013, Defendants served Plaintiff with interrogatories pursuant to

Fed. R. Civ. Pro. 33, and document requests pursuant to Fed. R. Civ. Pro. 34, in order to begin discovering the bases for Plaintiff’s allegations and claims in this legal malpractice action against Plaintiff’s former attorneys. 2. On August 12, 2013, Plaintiff served her Rule 26(a)(1) Initial Disclosures,

disclosing that Plaintiff seeks to recover over $23 million in damages. Other than the Complaint, which consist of no less than 108 paragraphs of prolix allegations, and Plaintiff’s Rule 26(a)(1)

Case: 1:13-cv-04005 Document #: 28 Filed: 12/31/13 Page 2 of 4 PageID #:165

disclosure of a $23 million damages claim, the Defendants know nothing about the Plaintiff’s case. Plaintiff has failed or refused to disclose a single fact relating to her allegations and claims. Indeed, despite Defendants’ numerous importunings and demands, the Plaintiff has not answered even one of the 25 interrogatories that Defendants propounded to her on August 5, 2013. Nor has the Plaintiff produced a single document in response to the Rule 34 requests that the Defendants served on her on August 5, 2013. 3. Due to Plaintiff’s utter failure to meet her discovery obligations, Defendants filed

a Motion to Compel on October 10, 2013. (Copies of Defendants’ Motion to Compel Plaintiff’s Discovery Responses and Exhibits are attached hereto as Exhibit 2). 4. This Court granted that Motion on November 26, 2013, ordering Plaintiff’s

compliance with her discovery obligations by December 30, 2013. (Order, attached hereto as Exhibit 3). 5. Despite two court appearances and multiple conferences, emails, and telephone

calls, as of December 31, 2013, Plaintiff has still not served even one interrogatory answer or produced a single document in response to Defendants’ discovery requests served over four months ago. (See Defendants’ Motion to Compel, Exh. 2; Alberts Decl., Exh. 1). 6. Plaintiff is in direct violation of this Court’s November 26, 2013 Order requiring

compliance with Defendants’ discovery responses by December 30, 2013. (See Order, Exh. 3). 7. This Court may dismiss this case due to Plaintiff’s failure to comply with the

November 26, 2013 Order. See Banco Del Atlantico, S.A. & HSBC Mexico, S.A. v. Woods Industs. Inc., 519 F.3d 350, 354 (7th Cir. 2008) (upholding dismissal of case for plaintiff’s discovery abuses).

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8.

Defendants respectfully ask the Court to enter an order: (i) dismissing Plaintiff’s

case for failure to comply with this Court’s November 26, 2013 Order; and (ii) requiring Plaintiff to reimburse Defendants for Defendants’ reasonable attorneys’ fees, pursuant to Rule 37(b)(2)(C), for this motion and the Defendants’ prior motion to compel, both of which were made necessary only because of the Plaintiff's recidivious, continuing and completely unjustified disregard of her discovery obligations under the Federal Rules of Civil Procedure. Dated: December 31, 2013 Respectfully submitted,

/s/ Willoughby Anderson Barry S. Alberts Willoughby Anderson SCHIFF HARDIN LLP 233 S. Wacker Dr. Chicago, Illinois 60606 (312) 258-5500 (p) (312) 258-5600 (f) balberts@schiffhardin.com wanderson@schiffhardin.com Attorneys for Defendants, Gerald Jenkins and Goldberg Kohn Ltd.

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Case: 1:13-cv-04005 Document #: 28 Filed: 12/31/13 Page 4 of 4 PageID #:167

CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that on December 31, 2013, she caused the foregoing document to be electronically filed with the Clerk of the United States District Court for the Northern District of Illinois, Eastern Division, using the Court’s CM/ECF system, which shall send notification of such filing to all counsel of record.

/s/ Willoughby Anderson One of the Attorneys for Defendants, Gerald Jenkins and Goldberg Kohn Ltd