ALLISON CLAIRE, District Judge.
This matter is before the undersigned pursuant to Local Rule 302(c)(1). Currently before the court is counsel for defendants' declaration in support of monetary sanctions against plaintiffs and plaintiffs' counsel of $980.40 for failure to comply with the court's January 23, 2015, order. ECF No. 45.
On November 13, 2014, Defendant Farmers Insurance Exchange ("FIE") filed a motion to compel seeking both supplemental responses and supplemental production to their First Set of Requests for Production. ECF No. 34. On December 15, 2014, the court granted FIE's motion in full, ordering Plaintiff TJ Auto Body Services, Inc. ("TJ's") to produce the agreed-upon responsive documents, and supplement their responses as to any document they claimed to be unavailable or protected by privilege. ECF No. 42 at 8-9. The court also granted FIE's request for monetary sanctions to cover the cost of bringing their motion to compel in the amount of $1,634.00.
When plaintiffs failed to timely comply with the discovery order, the parties agreed to utilize the informal process offered by the undersigned for resolution of minor discovery disagreements. On January 22, 2015, the parties submitted a joint letter in advance of a scheduled telephonic conference. The letter detailed TJ's failure to produce the agreed-upon responsive documents, as well as its failure to respond to Defendant James Gillis' First Set of Requests for Production. ECF No. 44. The joint letter also included a request by defendants for additional monetary sanctions against plaintiffs and plaintiffs' counsel of $980.40.
At or after 5:00 p.m. on February 6, 2015, defendants' counsel Monica D. Scott filed a declaration averring that plaintiffs had failed to timely comply with the court's order and renewing the request for monetary sanctions of $980.40. ECF No. 46. On February 9, 2015, plaintiffs' counsel Russell A. Robinson submitted a declaration in opposition to sanctions. ECF No. 47. According to Robinson, supplemental production was prepared on February 5, 2015 pursuant to the court's January 23, 2015 order.
On February 13, 2015, Ms. Scott submitted a supplemental declaration denying that plaintiffs timely complied with the court's January 23, 2015 order in any respect. ECF No. 48. Scott declares that she received electronic copies of documents from plaintiffs on February 9, 2015, and hard copies on February 12, 2015.
Having considered the declarations of counsel for both parties, and their attachments, the undersigned finds that Mr. Robinson failed to timely comply with the court's January 23, 2015, order. Accordingly, the court will grant defendants' request for sanctions against counsel for plaintiffs in the amount of $980.40. The court declines to issue these sanctions against plaintiffs themselves. If plaintiffs have not yet served defendants with sufficient supplemental responses and production by the time this order is served, defendants may file a motion for further sanctions.
In accordance with the foregoing, IT IS HEREBY ORDERED that:
1. Within fourteen (14) days from the date of this order, plaintiffs' counsel shall pay to defense counsel $980.40; and
2. Within fourteen (14) days from the date of this order, plaintiffs' counsel shall file an affidavit under penalty of perjury stating that the sanction payment has been made and was not billed to plaintiffs.