Further, this Court should order Attorney Hamilton to pay the expenses incurred by Defendants. “Rule 37 permits a court to order the attorney who advised the conduct necessitating a motion to compel to pay the expenses thereby incurred… when it is clear that discovery was unjustifiably opposed principally at his instigation.” Id. at *19-20 citing Humphreys Extermination Co. v. Poulter, 62 F.R.D. 392, 395 (D. Md. 1974). For the foregoing reasons, it is clear that Attorney Hamilton controlled the disposition of his clients’ discovery responses. Attorney Hamilton chose not to call Defendants’ counsel to notify them that responses were in the mail and chose not to file for an extension of time. It was Attorney Hamilton who did not work with Defendants’ counsel to provide adequate discovery in a timely fashion.Basically, he didn't do his job. Sadly, that affects John Freshwater in a big way. While I had no sympathy for his case, this just seems to be incompetence on the part of his lawyer.
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