K_Z
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Dina isn't going to be able to put off the court ordered $14,000 penalty payment to MaxinMotion for very long. She likely has only 30 days to make the payment, or risk being in contempt of court.
http://www.courtminutes.maricopa.gov/docs/Civil/072015/m6938464.pdf
BBM. The above court order is from 07/27/2015. Which is ONE day after her missed deadline to pay the $3000 to Jonah. The court didn't wait long to issue this order, and I think we will likely see a dismissal of this case by October 18-19, with more sanctions as the court has warned. Anyway, it's pretty clear from the order posted today that she never paid the $3000 in the interim 8 weeks.
I'm thinking it is also pretty clear from the court that unless Dina pays the entire $14K penalty fees to MaxInMotion, as well as $14K Jonah's attorney fees, in full, in the next 30 days, the case WILL be dismissed.
So that's roughly October 18-19, 2015.
If she pays, her case has a small glimmer of a chance of continuing forward, albeit with sanctions on what she can present. If she doesn't make the payments in 30 days, it's done.
Many of the discovery requests Plaintiff issued on February 13, 2015 were aimed at determining what damages the Plaintiff was going to assert and, if those claims would be bolstered by expert testimony, who those experts were, what they would say and upon what they would base their opinions.
Plaintiff did not respond to those requests by the original March 30, 2015 deadline. She did not do so by the Court ordered deadline of June 15, 2015. She did not do so within the extra time she requested, by June 26, 2015. In fact, she did not really do so even in her July 24, 2015 responses.
As a sanction, Plaintiff is precluded from calling any witness (other than herself) on the subject of her damages. Neither may Plaintiff admit hearsay evidence related to her damages claim (e.g. my doctor told me ).
In addition, Plaintiff shall supplement her July 24, 2015 responses to the Defendants February 13, 2015 Uniform and Non-Uniform Interrogatories and Requests for Production by August 14, 2015. Those responses shall be complete, in no way resembling her July 24, 2015 responses.
Finally, Plaintiff shall pay all fees incurred by Defendant in his attempts to get responses to his February 13, 2015 discovery request (less those already awarded as part of the previous Court order). Counsel for Defendant shall file an affidavit in support of this amount by August 7, 2015.
Within 30 days of the order determining the amount of attorneys fees as describedabove, Plaintiff shall also pay an amount equal to the amount of attorney fees awarded to a charity to be determined by Defendant. Defendant shall notify Plaintiff of the chosen charity in writing within ten days of this order. Evidence of Plaintiffs payment to this charity shall be provided to defense counsel within the 30 day period described above.
To clearly guide the parties future decisions in complying with Court orders and their obligations under the rules, the Court has now twice imposed sanctions less than dismissal and has reviewed the Plaintiffs inexcusable delay in detail. If either party ignores their obligations under the rules or any of this Courts orders, all sanctions will be considered, including the complete dismissal of claims or defenses.
http://www.courtminutes.maricopa.gov/docs/Civil/072015/m6938464.pdf
BBM. The above court order is from 07/27/2015. Which is ONE day after her missed deadline to pay the $3000 to Jonah. The court didn't wait long to issue this order, and I think we will likely see a dismissal of this case by October 18-19, with more sanctions as the court has warned. Anyway, it's pretty clear from the order posted today that she never paid the $3000 in the interim 8 weeks.
I'm thinking it is also pretty clear from the court that unless Dina pays the entire $14K penalty fees to MaxInMotion, as well as $14K Jonah's attorney fees, in full, in the next 30 days, the case WILL be dismissed.
So that's roughly October 18-19, 2015.
If she pays, her case has a small glimmer of a chance of continuing forward, albeit with sanctions on what she can present. If she doesn't make the payments in 30 days, it's done.