The Motion (ROA # 47) of Defendant JORGE OCEGUEDA ("Defendant") for an order for terminating sanctions against Plaintiff ROSEMARY PEREZ ("Plaintiff") in the form of a dismissal with prejudice of the Complaint for Plaintiff's willful failure to abide by this Court's prior order compelling her responses to Defendant's initial discovery requests, or, alternatively, for monetary sanctions, is GRANTED IN PART and MOOT IN PART.

Preliminarily, the Court makes clear its clear its reluctance to issue terminating sanctions and dismiss Plaintiff's Complaint. In the normal course, the terminating Motion must be based upon both an underlying order, which the offending party has chosen not to comply with, and an indication that the offending party has chosen to discontinue participating in the litigation. Here, Plaintiff has chosen not to comply with the Court's January 2019 order - ROA # 45 - for a period of several months. In addition, Plaintiff has chosen not to respond to this Motion. Given Pla