ORDER

MARK A. PIZZO, Magistrate Judge.

This cause is before the Court on Defendant's motion to compel, for sanctions, and an order to show cause (doc. 35). Plaintiff has failed to attend a noticed deposition at an agreed upon date and place, now resulting in Defendant's motion for incurred legal fees of $3440.50, in addition to court reporter and videographer fees totaling $245.00. See doc. 35-3. Defendant also moves the court for an order to show cause why the case should not be dismissed for Plaintiff's failure to cooperate with discovery requests. Plaintiff has failed to respond.

According to Fed.R.Civ.P. 37(d)(1)(A)(i) a court may issue sanctions for a party's failure to attend its own deposition. Rule 37(d)(3) states, ". . . the court must require the party failing to act, the attorney advising that party, or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust." See Fed.R.Civ.P. 37(d)(3). Plaintiff has failed to advance any justification, let alone substantial justification. Furthermore, Local Rule 3.01(b) states that, "[e]ach party opposing a motion or application shall file within fourteen (14) days after service of the motion or application a response that includes a memorandum of legal authority in opposition to the request. . ." L.R. 3.01(b), M.D. Fla. Plaintiff has elected to not file a response. I construe Plaintiff's failure to respond as a lack of opposition. Accordingly, it is hereby

ORDERED:

DONE and ORDERED.