GEORGE J. HAZEL, District Judge.
Presently pending before the Court is a Motion for Sanctions or, In the Alternative, Motion to Amend the Scheduling Order, ECF No. 44, filed by Defendants Sheriff Evans, Officer Phelps, and Officer Gott ("Defendants"). No hearing is necessary. See Loc. R. 105.6 (D. Md. 2016). For the following reasons, Defendants' Motion is granted, in part, and denied, in part. The current Scheduling Order will be amended, extending the deadlines for discovery.
Pro se plaintiff Wayne E. Coleman originally brought suit against Evans, Phelps, Gott, and other defendants, alleging violations of his civil rights, pursuant to 42 U.S.C. § 1983, arising from a traffic stop in February 2014. See ECF No. 16. Upon Defendants' Motion to Dismiss, ECF No. 27, the Court dismissed all but one aspect of Count I of Plaintiff's Amended Complaint — that is, the unreasonable search and seizure claim against Gott, Phelps, and Evans in their individual capacities. See ECF No. 32 at 1.
On November 7, 2016, Defendants Phelps and Gott sent Interrogatories and Requests for Production of Documents to Plaintiff Coleman. ECF No. 39-1 at 2; ECF No. 39-2 at 2-15. Defendants' counsel also requested to schedule Coleman's deposition. ECF No. 39-1 at 2; ECF No. 39-3 at 2. Defendants state that Plaintiff did not respond to these communications. ECF No. 39-1 at 3. On November 21, 2016, Defendants' counsel mailed a Notice of Deposition, scheduling Coleman's deposition for December 22, 2016. Id. According to Defendants, Plaintiff did not reply, nor did he respond to another letter sent by Defendants on December 15, 2016. Id. Plaintiff also did not appear for the deposition scheduled on December 22, 2016, and he did not answer or respond to Defendants' phone calls. Id. at 3-4. Defendants received a letter from Plaintiff on January 30, 2017, stating that he had received the discovery requests but had yet to receive Defendants' initial disclosures. ECF No. 39-8 at 2. Plaintiff further stated that, "[m]y thoughts are, that you would have access to everything about me, but will supply what you request, within reason." Id. He also inquired about the possibility of conducting the deposition by telephone because he "found it difficult to get about and spend[s] most of [his] time at home." Id.
Defendants filed their first Motion for Sanctions against Coleman on January 31, 2017. ECF No. 39. The Court issued a Letter Order on February 17, 2017, declining to issue sanctions, but instructing Plaintiff to provide full and complete responses to Defendant's discovery requests by March 6, 2017. ECF No. 42. Plaintiff filed an "Affidavit of Objections and Responses to Defendants' Interrogatories," providing some written responses and documents to Defendants on March 5, 2017. ECF No. 43. Defendants have not filed a Motion to Compel, but have now filed a second Motion for Sanctions, arguing that Plaintiff has failed to comply with the Court's Order to provide full and complete responses.
Under Federal Rule of Civil Procedure 37(b)(2)(A), the Court has broad discretion when determining whether to impose sanctions on a party for failing to obey a discovery order. Fed. R. Civ. P. 37(b)(2)(A). To resolve this inquiry, the Court considers four factors: (1) whether the non-complying party acted in bad faith; (2) the amount of prejudice the non-compliance caused the other party; (3) the need for deterring this kind of non-compliance; and (4) whether less drastic sanctions would be effective. Paice, LLC v. Hyundai Motor Co., No. CIV. WDQ-12-499, 2015 WL 302757, at *3 (D. Md. Jan. 22, 2015) (citing Southern States Rack and Fixture, Inc. v. Sherwin-Williams, Co., 318 F.3d 592, 597 (4th Cir. 2003)).
Sanctions that may be imposed include the following:
Fed. R. Civ. P. 37(b)(2). "Dismissal with prejudice is ordinarily reserved for the most egregious cases." Pinkney v. Thigpen, No. CIV.A. WGC-12-2062, 2014 WL 4825884, at *2 (D. Md. Sept. 24, 2014) (citing Dove v. Codesco, 569 F.2d 807, 810 (4th Cir. 1978)); see also Goldring v. Town of La Plata, Md., No. CIV.A. DKC 2004-1052, 2005 WL 1075435, at *1 (D. Md. May 4, 2005) (declining to dismiss case and noting that "[s]uch a drastic sanction . . . may not be imposed except in the most compelling circumstances.").
Here, it appears that Plaintiff is acting in bad faith. The Court acknowledges Coleman's pro se status and self-described health issues. See ECF No. 41. However, Mr. Coleman failed to appear for his deposition scheduled on December 22, 2016, gave no notice to Defendants, did not answer Defendants' telephone calls on the day of the deposition, and apparently did not communicate with Defendants in any way until one month later. Furthermore, Plaintiff's most recent responses and productions of documents, as described more fully below, are inadequate and incomplete. Such conduct should be deterred, both in this case and future cases. Nevertheless, the Court is mindful that Plaintiff did submit some responses, though lacking in detail, in a timely fashion following the Court's February 21, 2017 Letter Order. Compare Hughley v. Leggett, No. CIV.A. DKC 11-3100, 2013 WL 3353746, at *2 (D. Md. July 2, 2013) (finding dismissal appropriate where "plaintiff brings suit and then utterly fails to participate in discovery or otherwise respond"). Thus, Plaintiff, acting without counsel, has made at least some attempt to participate in discovery.
Prejudice caused to Defendants is minimal at this juncture. While Defendants may spend "additional time and resources" investigating the case. Defendants make no specific allegation about actual prejudice to their case. See Bradshaw v. Vilsack, 286 F.R.D. 133, 141 (D.D.C. 2012) (finding no actual prejudice to defendant's case where plaintiff had delayed discovery, but defendants made no showing that they could not present their case). Accordingly, the Court determines that amending the Scheduling Order and issuing further admonitions to Plaintiff is sufficient at this juncture. Plaintiff should be aware, however, that any failure to comply with the following instructions
First, Plaintiff shall work with Defendants to identify a mutually agreeable time and location for his deposition. Plaintiff must appear for this deposition and participate in good faith. See Robinson v. Yellow Freight Sys., 132 F.R.D. 424, 428 (W.D.N.C. 1990). aff'd, 923 F.2d 849 (4th Cir. 1991) (issuing three discovery orders "directing Plaintiff to submit to the taking of his deposition").
Second, Plaintiff must supplement his Responses to Defendants' Interrogatories and Requests for Production, as many of his answers are vague or incomplete. Specifically, the instruction to the Interrogatories appropriately provides that "[w]here the name or identity of a person is requested, and the question refers to any individual, partnership, firm, or corporation, your answer should include the full name, home address, telephone number and also business address, if known." See ECF No. 39-2 at 2. Thus, Plaintiff shall provide a more detailed response regarding his employment history under Defendant Gott's Interrogatory No. 2,
Additionally, Coleman shall provide a more responsive answer to Defendant Phelps' Interrogatories Nos. 2-5 and Gott's Interrogatories Nos. 23-24.
With respect to Defendants' Requests for Production, Plaintiff is to clarify whether he possesses any recordings or transcripts consistent with Request No. 8.
Should Plaintiff choose not to comply with these discovery orders moving forward, his case will be dismissed with prejudice. Defendants' Alternative Motion to Amend the Scheduling Order is hereby granted, in part, and the current deadlines will be extended to June 15, 2017 and July 15, 2017, respectively. See ECF No. 38.
For the foregoing reasons, Defendants' Motion for Sanctions or, In the Alternative, Motion to Amend the Scheduling Order, ECF No. 44, is granted, in part, and denied, in part. A separate Order shall issue.