Houston v. C.G. Security Services, Inc.

Dist. Ct. did not err in directing defendant to pay plaintiff $118,925 in attorneys’ fees and $16,498.01 in costs associated with plaintiff’s efforts to obtain discovery from defendant, after granting plaintiff’s motion for sanctions that alleged that defendant had engaged in pattern of obstreperous discovery behavior that included testifying falsely about its documents and discovery efforts, failing to correct false representations regarding its discovery efforts and impeding depositions. Fact that defendant had ultimately prevailed in its summary judgment motion against plaintiff or that plaintiff’s counsel had not engaged in second discovery conference prior to her second motion for sanctions did not require different result, where plaintiff’s counsel had engaged in initial discovery conference and had satisfied and meet-and-confer requirement prior to seeking instant sanctions through participating in various email exchanges and attempts to call defendant’s counsel to resolve discovery disputes. Record also supported Dist. Ct.’s finding of discovery abuse, where defendant: (1) delayed by four months its initial attempt to comply with plaintiff’s discovery attempts; (2) provided defendant with continually different answers about defendant's personnel, which formed key issue in plaintiff’s claim against defendant; and (3) provided either false or evasive testimony through its president about its discovery-related conduct.