DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
PEARLY RHYMER,
5
5
Plaintiff,
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v.
5
2003-CV-0081
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KMART CORPORATION,
5
5
Defendant.
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__________________________________________5
TO:
Lee J. Rohn, Esq.
Yvette D. Ross-Edwards, Esq.
ORDER GRANTING PLAINTIFF’S RENEWED MOTION FOR SANCTIONS
THIS MATTER came before the Court for show cause hearing, on January 9, 2009,
to determine whether Defendant should be held in contempt for its failure to comply with
the Court’s previous orders.  Lee J. Rohn, Esq., appeared on behalf of Plaintiff.  Yvette D.
Ross-Edwards, Esq., represented Defendant.
Plaintiff filed a renewed Motion For Sanctions For Failure to Obey the Court Order
Dated October 09, 2008 (Docket No. 68).  No written response to said motion was filed by
Defendant, and the Court issued an order to show cause against Defendant to determine
whether sanctions were appropriate and, if so, the extent of the sanctions.
Case: 1:03-cv-00081-RLF-GWC   Document #: 71   Filed: 01/09/09   Page 1 of 3
Rhymer v. Kmart 
2003-CV-0081
Order Granting Plaintiff’s Renewed Motion For Sanctions
Page 2
Having reviewed the renewed motion for sanctions and having heard the arguments
of counsel, the Court finds that Defendant has wilfully refused to comply with the orders
of the Court directing Defendant to respond to Plaintiff’s discovery requests and,
consequently, that Defendant is in contempt of Court.  The Court further finds that
sanctions beyond monetary sanctions are appropriate.  The Court will grant Plaintiff’s
written request to strike Defendant’s affirmative defenses.
Accordingly, it is now hereby ORDERED:
1.
Defendant is in CONTEMPT OF COURT.
2.
Plaintiff’s Renewed Motion For Sanctions For Failure to Obey the Court
Order Dated October 09, 2008 (Docket No. 68) is GRANTED.
3.
Defendant shall serve upon counsel for Plaintiff, within five (5) days from
the date of entry of this order, its responses to Plaintiff’s Interrogatories and
Demand For Production of Documents dated November 6, 2007.
4.
Defendant shall pay to Plaintiff,  within ten (10) days from the date of entry
of this order, the sum of $800.00, for costs and attorney’s fees associated with
the filing of the Renewed Motion For Sanctions, and file notice of such
payment with the Court.
5.
Defendant’s affirmative defenses are STRICKEN.
Case: 1:03-cv-00081-RLF-GWC   Document #: 71   Filed: 01/09/09   Page 2 of 3
Rhymer v. Kmart 
2003-CV-0081
Order Granting Plaintiff’s Renewed Motion For Sanctions
Page 3
6.
Defendant is cautioned that further failure to adhere to the Court’s orders
shall result in further sanctions which may include default.
ENTER:
Dated: January 9, 2009
                                /s/                                    
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:03-cv-00081-RLF-GWC   Document #: 71   Filed: 01/09/09   Page 3 of 3