Pierce Atwood successfully sought discovery sanctions against a party which had completely failed to answer, object to or otherwise respond in writing to requests for production of documents and interrogatories. Though litigants often assume that discovery sanctions are not available unless a discovery order is first violated, the federal court in Boston agreed with Pierce Atwood that no such violation need occur under Fed. R. Civ. P. 37(d) if there has been such a complete failure to respond.
In allowing Pierce Atwood’s motion for sanctions, the Court ordered that all of the factual allegations in the complaint filed against the non-compliant party were deemed admitted, that its defenses were stricken, and that it was defaulted as to liability. The non-compliant party was also ordered to pay Pierce Atwood’s clients’ attorneys’ fees and expenses in connection with a series of motions seeking to compel that party to comply.