Judge: Bradley S. Phillips, Case: 23STCV16821, Date: 2024-10-08 Tentative Ruling

Case Number: 23STCV16821    Hearing Date: October 8, 2024    Dept: 26

TENTATIVE RULING:


The Court, having considered the evidence and argument presented by Plaintiff and Defendant, rules as follows with respect to Plaintiff’s motions to compel further responses to interrogatories and to requests for production.

The Court does not base its rulings on any alleged failure by Plaintiff’s counsel to adequately meet and confer with Defendant’s counsel.

The Court grants Plaintiff’s motion to compel further responses to Form Interrogatories 201.1 and 201.3 and Special Interrogatory 53 to the following extent only:  Defendant shall provide responsive information with regard to students who complained about Plaintiff’s job performance, to the extent it is able to do so in compliance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g.  Defendant shall promptly take all necessary steps to enable itself to produce such the requested information in a manner consistent with FERPA.  Such supplemental response shall be provided for each student, on a rolling basis, within thirty (30) days or as soon as Defendant is able to do so in compliance with FERPA, whichever is later.

The Court grants Plaintiff’s motion to compel further response to Form Interrogatory 209.2 to the following extent only:  Defendant shall provide responsive information related to civil actions brought by CSU Long Beach faculty from January 1, 2018, to the present, concerning disability discrimination, the interactive process, failure to accommodate, CFRA, hostile work environment, health/safety retaliation, and whistleblower retaliation.”  Such supplemental response shall be provided within thirty (30) days.

The Court grants Plaintiff’s motion to compel further responses to Form Interrogatories 201.5 and 201.6 and Special Interrogatories 63 and 64 to the following extent only:  Defendant shall identify each person who taught courses in 2023 and 2024 semesters for Anthropology 30/7/503; Anthropology 412; Human Development 310; and Anthropology/Linguistics 413.

Plaintiff’s motion to compel further responses to his Form Interrogatories and Special Interrogatories is otherwise denied. 

The Court finds that Plaintiff has not shown good cause for an order compelling further responses to Plaintiff’s Requests for Production of Documents.  Plaintiff’s motion to compel further responses to his Requests for Production of Documents is therefore denied.

Both parties’ requests for sanctions are denied.