WENDELIN I. LIPP, Bankruptcy Judge.
Before the Court is the Defendant's Motion For Default Judgment (Docket Entry No. 152).
Having read the parties' respective submissions, and having conducted an oral hearing on the matter on July 7, 2015, the Court finds that Defendant has set forth sufficient cause to grant the relief requested. Specifically, the Court incorporates by reference its findings from its previous Order granting the Department's second motion for sanctions. Docket Entry No. 149. As stated in that Order, the Court admonished that "if the Plaintiff fails to comply with this Orderwithin the time frame allotted, then default judgment will be and hereby is entered against the Plaintiff and in favor of the Defendant."
This Circuit has adopted a four-part test to determine whether judgment by default is an appropriate sanction. See Mut. Fed. Sav. & Loan Ass'n v. Richards & Associates, Inc., 872 F.2d 88, 92 (4th Cir. 1989). The test is: (1) whether the noncomplying party acted in bad faith; (2) the amount of prejudice her noncompliance caused her adversary, which necessarily includes an inquiry into the materiality of the evidence she failed to produce; (3) the need for deterrence of the particular sort of noncompliance; and (4) the effectiveness of less drastic sanctions. Id. Here, the Court finds that judgment by default is warranted. The Plaintiff failed to comply with the Court's prior sanctions Order, thus a less drastic sanction was not effective here. Moreover, Plaintiff's discovery responses were untimely and substantively deficient. Plaintiff failed to make any effort to recover documents responsive to the Department's discovery requests regarding her employment history and income, and failed to provide any justification for not providing current living expense information in response to the Department's discovery requests. The requested information is material to the case at hand and Plaintiff's continued failure to provide the requested information constitutes bad faith.
For these reasons, it is, by the United States Bankruptcy Court for the District of Maryland, hereby
ORDERED, that Defendant's Motion is granted, and it is further
ORDERED that default judgment is entered against the Plaintiff and in favor of the Defendant; and it is further
ORDERED that this case be closed with prejudice.
SO ORDERED.