Motion for Contempt Citation, Sanctions, and Dispositive Relief

UNITED STATES DISTRICT COURT

FOR A SAMPLE DISTRICT

________________________________

) Case No.:

_______________, )

Plaintiff, )

)

v. )

)

_______________, )

Defendant )

________________________________)

Requesting Party: _____________

Responding Party: _____________

MOTION FOR CONTEMPT CITATION, SANCTIONS

AND

DISPOSITIVE RELIEF ¹

The Requesting Party, _____________, by and through his attorneys, hereby requests that this honorable court issue its order citing the Responding Party for contempt, striking his Complaint and entering a judgment of dismissal with prejudice [or striking his Answer, and entering a default judgment] which should include an award of costs and attorney fees for the following reasons:

1. The Requesting Party issued a Notice of Deposition for the purpose of deposing _____________ at the office of _____________ on _____________, 20 __. The above named deponent failed and refused to appear for the said scheduled deposition.

2. Your undersigned attorney did, on several occasions attempt in good faith to meet with counsel for the Responding Party in an attempt to re- schedule the deposition of the deponent; however, said opposing counsel has failed and refused to act in good faith or cooperate (see attached letters).

3. Pursuant to motion, this court issued the attached order requiring the Responding Party to appear and be deposed by your undersigned counsel on...