Cotton File 1

Case: 25CH1:16-cv-001303 Document #: 30 Filed: 03/13/2017 Page 1 of 5

Case: 25CH1:16-cv-001303 Document #: 30-1 Filed: 03/13/2017 Page 1 of 3
IN T H E C H A N C E R Y C O U R T O F T H E FIRST J U D I C I A L DISTRICT
O F HINDS C O U N T Y , MISSISSIPPI
H E R M A N SHIVERS, N A O M I SHIVERS,
G A R Y SHIVERS, A N D K A W A N I SHIVERS PLAINTIFFS
V. C A U S E NO.: G2016-1303 S/2
I ^ M E L C O T T O N , INDIVIDUALLY, AND
D/B/A T H E C O T T O N L A W F I R M , P L L C DEFENDANTS
M O T I O N F O R SANCTIONS
C O M E N O W , the Plaintiffs, by and through the undersigned counsel, pursuant to Miss. R.
Civ P. 37 and other relevant authority, and file this their Motion for Sanctions, and in support thereof
would show as follows:
L On December 7, 2016, the Plaintiffs filed their Notice of Deposition [13] for
Defendant Ramel Cotton to appear for deposition at 9:00 a.m., Friday, December 30, 2016. See
Exhibit A. The Notice of Deposition was electronically mailed to the Defendant through the M E C
system.
2. Although the Plaintiffs' counsel was present and ready to proceed with the deposition
on December 30, 2016, Defendant Cotton failed to appear and also failed to request protection
pursuant to Miss. R. C i v P. 26(d). See Exhibit B, Deposition of Ramel Cotton.
3. Additionally, Plaintiffs' counsel attempted to reach the Defendant by telephone at
approximately 9:30 a.m. on December 30, 2016; however, a recording answered stating that the
phone was not in service.
4. In pertinent part, Miss. R. C i v P. 37 reads as follows:
molion sanclions 1
(d) Failure of Party to Attend at Own Deposition or Serve

Answers to Interrogatories or Respond to Request for
Inspection. If a party...fails (2) to appear before the officer
who is to take his deposition, after being served with a proper
notice...the court in which the action is pending on motion
may make such orders in regard to the failure as are just, and
among others it may take any action authorized under
subsections (A), (B), and of subsection (b)(2) o f this rule.
In lieu o f any order or in addition thereto, the court shall
require the party failing to act or the attorney advising him or
both to pay the reasonable expenses, including attorney's fees,
caused by the failure, unless the court finds that the failure
was substantially justified or that other circumstances make
an award of expenses unjust...
(e) Additional Sanctions. In addition to the application of those

sanctions, specified in Rule 26(d) and other provisions of this
rule, the court may impose upon any party or counsel such
sanctions as may be just, including the payment of reasonable
expenses and attorneys' fees, if any party or counsel... (ii)
otherwise abuses the discovery process in seeking, making or
resisting discovery.
5. The deposition notice was proper and, more important, the Plaintiffs have the right
to discover information to fully develop their case.
6. Defendant Cotton's failure to appear was an attempt to thwart discovery and prohibit
the Plaintiffs from discovering information needed for trial preparation.
7. A s a result of the Defendant's failure, the Plaintiffs incurred attorney's fees and court
reporter costs. See Exhibit C, Invoice.
8. Therefore, the Plaintiffs request the Court sanction Defendant Ramel Cotton for
failing to appear for the December 30, 2016 deposition.
W H E R E F O R E , P R E M I S E S C O N S I D E R E D , the Plaintiffs request sanctioning Defendant
Ramel Cotton for his failure to appear at the noticed deposition. The Plaintiffs further request
motion sanclions 2
attorney's fees and expenses in bringing this motion, along with all other relief the Court deems just
and proper.
This the 3^" day o f January, 2017.
H E R M A N SHIVERS, N A O M I SHIVERS, G A R Y
SHIVERS, A N E M ^ A W A N I SHIVERS, PLAINTIFFS
BY:
F E L E C I A FEftklNS, ESQ.
Mississippi BarMumber 10078
JESSICA A Y B R S , E S Q .
Mississippi Bar Number 103685
L A W OFFICE OF FELECIA PEEKOVS, P.A.
P. O. Box 21
Jackson, Mississippi 39205
Office: (601) 352-5053
Facsimile: (601) 353-0173
fel ee i a falfe 1 ec i aperk i n s. co m
jessica^feleciaperkins.com
Counsel for Plaintiffs
CERTIFICATE OF SERVICE
I, F E L E C I A P E R K I N S , hereby certify that on this day I electronically filed the foregoing
Motion for Sanctions with the Clerk of court using the M E C system which sent information of such
filing to the following person:
Ramel Cotton, Esq.

ramel@,rcottonlaw.com
Thisthe3^''day of January, 2017.
motion sanctions 3

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Case: 25CH1:16-cv-001303 Document #: 30 Filed: 03/13/2017 Page 1 of 5

Case: 25CH1:16-cv-001303 Document #: 30 Filed: 03/13/2017 Page 2 of 5

V. C A U S E NO.: G2016-1303 S/2

C O M E N O W , the Plaintiffs, by and through the undersigned counsel, pursuant to Miss. R.

would show as follows:

pursuant to Miss. R. C i v P. 26(d). See Exhibit B, Deposition of Ramel Cotton.

3. Additionally, Plaintiffs' counsel attempted to reach the Defendant by telephone at

phone was not in service.

4. In pertinent part, Miss. R. C i v P. 37 reads as follows:

(d) Failure of Party to Attend at Own Deposition or Serve

(e) Additional Sanctions. In addition to the application of those

to discover information to fully develop their case.

the Plaintiffs from discovering information needed for trial preparation.

reporter costs. See Exhibit C, Invoice.

failing to appear for the December 30, 2016 deposition.

W H E R E F O R E , P R E M I S E S C O N S I D E R E D , the Plaintiffs request sanctioning Defendant

This the 3^" day o f January, 2017.

I, F E L E C I A P E R K I N S , hereby certify that on this day I electronically filed the foregoing

filing to the following person:

Ramel Cotton, Esq.

Thisthe3^''day of January, 2017.

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