Judge: Armen Tamzarian, Case: 21STCV02330, Date: 2024-12-12 Tentative Ruling

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Case Number: 21STCV02330    Hearing Date: December 12, 2024    Dept: 52

Defendants Lockheed Martin Corporation and Mark Marino’s Motion to Reopen Discovery and Motion to Compel Compliance with Court Order

Motion to Reopen Discovery

Defendants Lockheed Martin Corporation and Mark Marino move to reopen discovery to depose two witnesses: Luke Giangrande and Adrian Martinez.

Defendants show good cause to reopen discovery for these two depositions.  Code of Civil Procedure section 2024.050, subdivision (b) provides:

In exercising its discretion to grant or deny [a motion to reopen discovery], the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following:

(1) The necessity and the reasons for the discovery.

(2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier.

(3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party.

(4) The length of time that has elapsed between any date previously set, and the date presently set, for the trial of the action.

Defendants show substantial necessity and a good reason to depose Giangrande and Martinez.  Both submitted declarations in support of plaintiff’s opposition to defendants’ motions for summary judgment.  Plaintiff plans to use both witnesses at trial.  (Jatana Decl., ¶ 10, Ex. D.)  Deposing them is necessary.   

Defendants show adequate diligence.  Defendants moved for summary judgment in May 2023.  The motions were ultimately heard in September 2024.  Plaintiff did not identify Giangrande or Martinez as witnesses before he submitted their declarations in support of his opposition to the motions for summary judgment.  (Jatana Decl., ¶¶ 5-6.)  By then, the discovery cutoff was about one month away.  Defendants made a good faith effort to depose both witnesses before the cutoff. 

There is a chance that permitting these two depositions will prevent the case from going to trial as scheduled on January 15, 2025.  If plaintiff does not cooperate in completing these depositions, the court may prohibit Giangrande and Martinez from testifying at trial rather than continuing the trial.

Finally, the current trial date is long after the initial trial date.  Several discovery disputes have contributed to the delay.  But, as discussed above, defendants did not know about these two witnesses until shortly before the discovery cutoff.  

After considering all relevant factors, the court finds good cause to reopen discovery to permit defendants to depose Giangrande and Martinez.

Motion to Compel Compliance with Court Order

            Defendants Lockheed Martin Corporation and Mark Marino move to compel plaintiff Jimmy Guzman to comply with the court’s order compelling the depositions of plaintiff and of Elvira Guzman.  On October 25, 2024, the court ordered plaintiff and Elvira Guzman to appear and testify at deposition no later than December 2.  After defendants filed this motion, the parties agreed to complete both depositions on December 17, 2024.  (Jatana Reply Decl., ¶ 11, Ex. C.)  Considering the repeated delays in scheduling these depositions, the court finds good cause to order plaintiff and Elvira Guzman to testify at deposition on that date.

Defendants also move for $5,950 in sanctions against plaintiff.  The court exercises its discretion not to impose sanctions.  Each side has contributed to the various discovery disputes and the resulting delays.  The court therefore finds sanctions would not be just under the circumstances.

Disposition 

Defendants Lockheed Martin Corporation and Mark Marino’s motion to reopen discovery is granted.  The court hereby reopens discovery only for the depositions of witnesses Luke Giangrande and Adriano Martinez.  Plaintiff shall produce Giangrande and Martinez for depositions no later than January 6, 2025.   

Defendants Lockheed Martin Corporation and Mark Marino’s motion to compel compliance with court order is granted in part.  Plaintiff Jimmy Guzman and Elvira Guzman are ordered to appear and testify at deposition on December 17, 2024.