Plaintiff Virtsoft Inc. (“Plaintiff”) seeks an Order for Terminating Sanctions and Entry of Default Against Defendant Anji Reddy Dirisanala (“Defendant”) based on the Deemed Admissions and for Failing to Comply with the Court’s Order dated July 29, 2017 requiring Defendant to provide full responses to Special Interrogatories, Requests for Production and to pay Sanctions within 10 days of the Order. Plaintiff further moves for an Entry of Default against Defendant Layos Transportation on the basis that Plaintiff submitted its paperwork in support of the default in July and the Court has not yet processed it or entered a default.

On July 29, 2017, this Court issued its Order requiring Defendant Dirisanala to provide code compliant responses to Plaintiff’s Form Interrogatories, set one, Special Interrogatories, set one and Requests for Production, set one within 10 days of service of the Order. Defendant Dirisanala was also ordered to pay monetary sanctions in the amount of $560 within 10 days as well. According to Plaintiff’s moving papers and the Declaration of Denis Klavdianos, the Defendant did provide responses to the Form Interrogatories, but did not provide responses to the Special Interrogatories or the Requests for Production. In addition, the Defendant did not pay the Sanctions as ordered by the Court. Plaintiff now seeks termination sanctions against the Defendant for failure to comply with the Court’s July 29, 2017 Order.

The Court has reviewed the two page “Opposition to Motion for Terminating Sanctions…” filed by Defendant. Defendant requests that the Court dismiss the immediate motion and continue the trial set for Feb. 26, 2018. Defendant’s papers provide no legal or factual basis in defense of the request made in the Plaintiff’s moving papers. While Defendant did respond to the Form interrogatories, Defendant provides no justification for his failure to comply with the Court Order and simply asks that the motion be dismissed.

After a full review of the papers submitted, Plaintiff’s Motion is GRANTED IN PART. Based upon Defendant’s failure to comply with the Court Order, the Court will strike the answer filed by Defendant Dirisanala and can proceed by default. As to the request for Entry of Default against Layos Transportation, the paperwork has been submitted and the Court Clerk will respond when those papers are processed.