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govinfo:USCOURTS-mdd-8_23-cv-02466-3

U.S. District Court for the District of Maryland · 2024-11-13

· GavelSight synced 2026-09-06 03:24:38

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
KENNETH L. WARN,
Plaintiff/Counter'Defendant,
V.
JANAY SEARS,
Defendant/Counter-Plaintiff.
Civil No. 23-2466 PJM
MEMORANDUM OPINION
In this breach of contract, fraud, and breach of fiduciary duty case, Kenneth Warn has sued
Janay Sears. Warn has filed a Motion to Compel Discovery and for Sanctions (ECF No. 61) after
Sears failed to appear for a remote deposition. The day after the Motion was filed, Sears filed a
Response in Opposition (ECF No. 62). The Court finds no hearing necessary. D. Md. Local R.
105.6. For the reasons that follow, the Court GRANTS IN PART AND DENIES IN PART'
Wam's Motion to Compel Discovery and for Sanctions (ECF No. 61).
BACKGROUND
In his Amended Complaint, Kenneth Warn alleges that he was deceived by Sears into
transferring $484,3 57.10 to her based on her false promises that she would make a handsome return
on his investments. See ECF No. 4. The discovery dispute at hand involves the scheduled
deposition of Sears. On June 24, 2024, Warn filed a Motion to Allow a Remote Deposition of
Sears. ECF No. 46. The Court granted the Motion, despite Sears's vigorous opposition. ECF Nos.
53, 54. Sears's remote deposition was scheduled for August 30, 2024, but Sears failed to appear.
ECF No. 61 atl.
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