Plantiff WWASP, by and through the undersigned counsel, hereby respectfully submits this Motion for Sanctions and Order of Deposition arising out of defendand Sue Scheff's failure to appear for her scheduled deposition in Ft. Lauderdale, Florida on January 22, 2004. Under Fed. R. Civ. P. Rule 37(d), this Court may impose any sanction which is just for non-appearance. By this motion, plaintiff requests its costs and attorneys fees incurred in preparing for the deposition and traveling to Florida. This includes attorney's fees in preparing for the deposition, attorney's fees in preparing this Motion, and travel and related expenses for plaintiff's attorneys and corporate representation. Plaintiff further requests this Court order Sheff to appear in Salt Lake City, Utah for her deposition as soon as possible. Plaintiff also requests a warning from this court that failure to appear may result in default judgement being entered against defendants Scheff and PURE.
