Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dlamini v. Babb

United States District Court, N.D. Georgia, Atlanta Division

November 5, 2014

THEMBI DLAMINI, Plaintiff,
v.
MINA G. BABB and MICHAEL J. BABB, Defendants.

OPINION AND ORDER

WILLIAM S. DUFFEY, Jr., District Judge.

This matter is before the Court on Plaintiff Thembi Dlamini's ("Plaintiff") Motion for Sanctions [34] and Motion for Summary Judgment [35] (the "Motion").

I. BACKGROUND

On August 13, 2013, Plaintiff filed this action against Defendants Juna G. Babb ("Juna Babb") and Michael J. Babb ("Michael Babb") (collectively, "Defendants"). In her Complaint [1], Plaintiff alleges that Defendants lured Plaintiff to the United States from Swaziland and held her for two years, forcing her to work without pay in their home and business.[1] Plaintiff asserts claims for: (1) Enticement into Slavery pursuant to 18 U.S.C. §§ 1583 and 1595 against Juna Babb (Count I); (2) Involuntary Servitude pursuant to 18 U.S.C. §§ 1584 and 1595 and the Thirteenth Amendment of the United States Constitution against both Defendants (Count II); (3) Forced Labor pursuant to 18 U.S.C. §§ 1589 and 1595 against both Defendants (Count III); (4) Trafficking with respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor pursuant to 18 U.S.C. §§ 1590 and 1595 against both Defendants (Count IV); and (5) Unlawful Conduct with respect to Documents in Furtherance of Trafficking, Peonage, Slavery, Involuntary Servitude, or Forced Labor pursuant to 18 U.S.C. §§ 1592 and 1595 against Juna Babb (Count V).

On October 15, 2013, Michael Babb, proceeding pro se, filed a document titled "Answer of Complaint and Motion to Deny Jury Trial Demand." The Clerk docketed this document twice: as Michael Babb's Answer [12] and as Michael Babb's Motion to Deny Jury Trial [13]. The document generally requested that the Court "deny" the "complaint filed in this case." The document also made two separate requests: (i) that the Court deny Plaintiff a jury trial, because Plaintiff failed to demand a jury under Rule 38 of the Federal Rules of Civil Procedure, and (ii) that the Court sever, under Rule 21 of the Federal Rules of Civil Procedure, the claims against him and those asserted against Juna Babb. Michael Babb claimed that Defendants were "misjoined." The Court construed the first request as Michael Babb's Motion to Deny Jury Trial and the second request as Michael Babb's Misjoinder Motion. On October 22, 2013, Juna Babb, proceeding pro se, filed her Answer [17].

On October 30, 2013, Plaintiff filed, against Michael Babb, her Motion for Judgment on the Pleadings [20]. Plaintiff argued that Michael Babb's Answer was not sufficient to deny any of Plaintiff's allegations and that she was entitled to judgment on the claims she asserted against him.

On December 18, 2013, Plaintiff served her First Interrogatories to Michael Babb, propounding sixteen (16) discrete interrogatories. Also on December 18, 2013, Plaintiff served her First Requests for Production to Michael Babb, propounding nine (9) document requests. Michael Babb did not serve responses, or objections, to the discovery served on him.

On February 6, 2014, Plaintiff served her First Interrogatories to Juna Babb, propounding seventeen (17) discrete interrogatories. Also on February 6, 2013, Plaintiff served her First Requests for Production to Juna Babb, propounding ten (10) document requests. Juna Babb did not serve responses, or objections, to the discovery served on her.

On March 7, 2014, Plaintiff filed her Motion for Extension [25] seeking an enlargement of the discovery period to allow Defendants to serve their initial disclosures and their responses to their respective written discovery requests.[2]

On March 14, 2014, Plaintiff filed her Motion to Compel[3] seeking an order compelling Defendants to serve their initial disclosures and their responses to the written discovery requests. Plaintiff requested unspecified "sanctions" against Defendants for their failure to produce discovery responses.

On April 14, 2014, Plaintiff filed her first motion for summary judgment [28]. In it, Plaintiff stated that she filed the motion "[o]ut of an abundance of caution" in the event the Court did not extend the discovery deadline and the dispositive motions deadline.

On May 9, 2014, Juna Babb filed her Motion for Extension [31] seeking an enlargement of the discovery period to allow her time to file the discovery and disclosures required of her.

On June 20, 2014, the Court denied [33] Michael Babb's Motion to Deny Jury Trial Demand and Misjoinder Motion, and denied Plaintiff's Motion for Judgment on the Pleadings. The Court granted in part Plaintiff's Motion to Compel and for Sanctions, ordering Defendants to produce, on or before July 18, 2014, their respective Rule 26(a) initial disclosures and responses to Plaintiff's discovery requests. The Court noted that it would not permit any additional enlargement of the discovery period. The Court denied Plaintiff's request for sanctions, as Defendants had not, at that point, violated an order of the Court. The Court denied Plaintiff's first motion for summary judgment without prejudice.

On July 31, 2014, Plaintiff filed her Motion for Sanctions, requesting sanctions for Defendants' failure to serve their initial disclosures or respond to Plaintiff's discovery requests, in violation of the Court's June 20, 2014, Order. Plaintiff requests that the Court sanction Defendants by: (a) designating the facts in Plaintiff's Complaint as ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.