CIVIL ACTION NUMBER 2:06-CV-00080-WAP-SAA.
June 16, 2008
Defendants Tunica County and the Tunica County Sheriff's Department have filed a motion [Doc. No. 394] for Sanctions and To Enforce Court Order. Plaintiff responded to the motion by stating that the requested discovery has been provided to defendant. Therefore, the motion to enforce the court order is MOOT.
Throughout the course of this case, the court has repeatedly addressed motions for sanctions filed by both the plaintiff and by different defendants. In this instance defendants Tunica County Mississippi and the Tunica County Sheriff's Department seek sanctions and attorney's fees for plaintiff's failure to comply with discovery orders under FED R. CIV. P. 33(b)(1) and to submit a discovery response in compliance with and FED. R. CIV. P. 33(b)(2). In previous orders in this case, the court has discussed the legal standard for ordering sanctions in accordance with FED. R. CIV. P. 37(b)(2) and refers the parties to those discussions. In light of the record and the parties' past behavior before this court, the court finds that the award of sanctions would be unjust. Accordingly, it is
That defendant's motion for sanctions is DENIED.