Judge: Alison Mackenzie, Case: 22STCV19039, Date: 2023-11-30 Tentative Ruling

Case Number: 22STCV19039    Hearing Date: February 14, 2024    Dept: 55

NATURE OF PROCEEDINGS: Motion of Defendant Robbin Cohen, M.D. for Terminating Sanctions.

Defendant’s motion for terminating sanctions is granted.

Defendant Robbin Cohen, M.D., only, is ordered dismissed from this action with prejudice.

ROBBIN COHEN, M.D., (“Defendant”) brings a motion for terminating sanctions based on the following: (1) Plaintiff failed to comply with the Court’s order dated 5/8/23 and 5/11/23 compelling Plaintiff to provide responses to Defendant’s Form Interrogatories (Set One), Special Interrogatories (Set One), Requests for Admissions (Set One), and Requests for Production of Documents (Set One) and monetary sanctions, and (2) Plaintiff failed to comply with the Court’s further order in August compelling Plaintiff to provide responses to the discovery by 10/30/23.

The Court has previously granted co-defendants’ similar motions for terminating sanctions, on 11/30/23, 12/20/23, 1/12/24 and 1/29/24. 

Here, again, the Court finds that the motions were ordered continued from 8/23/23, which gave Plaintiff until 10/30/23 to serve all due discovery responses upon defendants.  It appearing that Plaintiff previously admitted recovering and regaining the ability to serve the discovery responses by 10/30/23, but has never served all of them, the Court finds Plaintiff’s willful failures to comply with the discovery orders and dismisses this action again Defendant.