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United States v. Dynamic Visions Inc.

United States District Court, District of Columbia

January 23, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
DYNAMIC VISIONS INC., et al, Defendants.

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, District Judge.

The United States filed suit against Defendants Dynamic Visions Inc. and Isaiah M. Bongam ("Defendants") on April 7, 2011, for treble damages, actual damages, civil penalties and other relief pursuant to the False Claims Act, as amended, 31 U.S.C. ยงยง 3729-3733. Following several Orders to Compel Discovery, Plaintiff filed the Motion for Attorney's Fees presently before the Court. After considering the parties' briefs, [1] the accompanying exhibits, and the applicable authorities, the Court shall GRANT Plaintiff's Motion for Attorney's Fees pursuant to Federal Rule of Civil Procedure 37(a)(5)(A) and (b)(2)(C).

I. BACKGROUND

Plaintiff seeks an award of attorney's fees for Plaintiff's counsel's efforts to obtain discovery that Defendants have repeatedly failed to provide in response to orders of the Court compelling discovery. The facts below detail Plaintiff's efforts to obtain financial and factual discovery from Defendants and Defendants' repeated failure to properly respond to Plaintiff's discovery requests or the Court's orders compelling discovery.

A. Financial Discovery

On April 26, 2011, Plaintiff filed a Motion for Prejudgment Writ of Garnishment and Attachment seeking to preserve Defendants' financial assets after Plaintiff became concerned that Defendants were conducting unusual financial activity by funneling large amounts of money between various accounts. See ECF No. [6]. The Court granted Plaintiff's Motion and on July 26, 2011, Plaintiff served a copy of Plaintiff's Interrogatories and Requests for Production of Documents in Aid of Prejudgment Enforcement on Defendants, seeking the location and disposition of all of Defendants' financial assets and all documents related to those dispositions. See ECF No. [17]. Defendants failed to timely respond to the Interrogatories and Request for Production of Documents. See Motion to Compel, ECF No. [19], Ex. 2. Plaintiff sent a letter to Defendants to attempt to resolve this matter, but Defendants did not respond. See Motion to Compel. Accordingly, Plaintiff filed a Motion to Compel. See id. Defendants failed to respond to the Motion to Compel and the Court granted the Motion as conceded on March 8, 2012. See Order (Mar. 8, 2012), ECF No. [22].

The Court held an Initial Scheduling Conference on February 20, 2013, at which it ordered Defendants to respond to Plaintiff's still outstanding financial discovery requests by April 19, 2013. See Scheduling and Procedures Order (Feb. 20, 2013), ECF No. [35], at 6. Defendants did not respond by April 19, 2013, as ordered. See Notice Regarding Defendants' Failure to Produce Court-Ordered Discovery, ECF No. [41], at 3. Plaintiff contacted counsel for Defendants several times at the end of April in unsuccessful attempts to obtain the financial discovery Defendants had been court-ordered to provide. See ECF Nos. [46-3]; [46-4]. Throughout May 2013, Plaintiff attempted to assist Defendants in obtaining the financial information requested, but Defendants failed to provide the information and authorization forms necessary for Plaintiff to assist Defendants. See ECF No. [46-5].

On June 12, 2013, this Court held a telephonic conference to address Defendants' non-compliance. See ECF No. [46-6]. During the telephonic conference, the Court ordered Defendants to fully and completely respond to the financial interrogatory requests. Id. at 13-14. 24-25, 30; see also Order (June 13, 2013), ECF No. [42]. On July 8, 2014, Defendants provided Plaintiff with their responses to the financial discovery requests. See ECF No. [46-7]. However, Defendants' responses were grossly incomplete and did not provide the information ordered by the Court in the June 2013 telephonic conference. See id.

B. Factual Discovery

Plaintiff served Defendants with its First Set of Discovery Requests seeking factual discovery on March 22, 2013. See ECF No. [46-8]. Defendants did not respond to Plaintiff's discovery request by April 24, 2013, the response date pursuant to the Federal Rules of Civil Procedure, nor did Defendants respond to Plaintiff's email inquiry regarding the status of the factual discovery on May 23, 2013. See ECF No. [46-5]. At the June 12, 2013, telephone conference, the Court ordered Defendants to fully respond to Plaintiff's discovery requests by July 26, 2013.[2] Order (June 13, 2013), ECF No. [42]. On July 26, 2013, Defendants provided responses to Plaintiff's factual discovery requests; however, they were grossly incomplete. See ECF no. [46-9].

C. Motion for Sanctions and Further Discovery Orders

On November 13, 2013, Plaintiff moved for a second time for sanctions, including attorney's fees, for Defendants' failure to provide discovery. See ECF No. [46]. The Court held a Status Hearing on November 22, 2013, and ordered Defendants to fully respond to Plaintiff's financial and factual discovery requests by February 15, 2014. Minute Order (Nov. 22, 2013). The Court held Plaintiff's Second Motion for Sanctions in abeyance pending the completion of discovery. Id.

Over the next several months, Defendants disclosed several bank accounts that had not previously been disclosed, and Plaintiff discovered several more that had not been disclosed. See Notice of Letter to Counsel for Defendants, ECF No. [51-1]; Notice of Defendants' Non-Compliance with Court Order, ECF No. [68]. Defendants also continued to provide incomplete responses to Plaintiff's discovery requests. See ECF No. [51-1]. On February 24, 2014, Magistrate Judge Alan Kay met with the parties regarding outstanding discovery issues and issued a Minute Order requiring Plaintiff's counsel to provide Defendants with a description of outstanding discovery requests and requests that required supplemental answers. Minute Order (Feb. 24, 2014). Magistrate Judge Kay ordered Defendants to "provide complete responses within two weeks after receipt of that document." Id. Plaintiff's counsel provided Defendants with a letter describing all outstanding discovery on March 7, 2014, see ECF No. [51-1]; however, Defendants again failed to provide all requested discovery by the deadline set by Magistrate Judge Kay.

On April 16, 2014, this Court held another Status Hearing at which Defendants' noncompliance with Plaintiff's discovery requests and the Court's discovery orders was discussed at length. Following the hearing, the Court ordered that "[a]ll outstanding discovery shall be provided to Plaintiff by no later than May 16, 2014." Order (April 16, 2014), ECF No. [52]. On May 29, 2014, the Court held another Status Hearing at which the Court discussed in great detail Defendants' continued noncompliance with the Court's discovery orders. Minute Order (May 29, 2014). During the hearing, the Court ordered Plaintiff to file with the Court by June 23, 2014, "a proposed discovery order setting out the discovery Defendant[s] must produce pursuant to the Court's findings during the status hearing." Id. The Court ordered, however, that Defendants should "immediately begin collecting the information identified ...


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