Lillyana Rodriguez, on behalf of herself and all others similarly situated v. 3CS2 LLC d/b/a The Back Porch and Ken Strickler

Summary

This report and recommendation addresses Plaintiff Lillyana Rodriguez’s motions to compel discovery, compel a deposition, and extend scheduling deadlines in an FLSA class action. The magistrate judge recommends striking Defendants’ answer and entering default against both the individual defendant and the LLC because of discovery violations, failure to comply with court orders, and the LLC’s failure to retain counsel. The recommendation also grants Plaintiff leave to seek reasonable attorney’s fees and costs associated with the discovery failures.

Holdings

1. The record satisfied the requirements for litigation-ending sanctions because Strickler willfully failed to comply with court orders and participate in discovery, was personally responsible for the violations, substantially prejudiced Plaintiff, and could not be adequately deterred by a lesser sanction. The court therefore recommended striking Strickler's Answer and directing entry of default.
2. Because The Back Porch is an LLC and therefore an artificial entity, it may appear in federal court only through licensed counsel. Its failure to retain counsel after repeated warnings warranted striking its Answer and directing entry of default.
3. Plaintiff was entitled to reasonable attorney's fees and costs caused by Defendants' discovery failures because those failures were not substantially justified and no other circumstance made an award unjust.

Questions Presented

1. Whether Defendants' willful failure to comply with discovery obligations and court orders warranted striking their Answer and directing entry of default under Federal Rule of Civil Procedure 37.
2. Whether The Back Porch's failure, as an LLC, to retain licensed counsel warranted striking its Answer and directing entry of default.
3. Whether Plaintiff was entitled to reasonable attorney's fees and costs caused by Defendants' discovery failures under Rule 37.

Disposition

other