Judge: Kerry Bensinger, Case: 23STCV05596, Date: 2023-11-30 Tentative Ruling

Case Number: 23STCV05596    Hearing Date: March 1, 2024    Dept: 31

Tentative Ruling

 

Judge Kerry Bensinger, Department 31

 

 

HEARING DATE:     March 1, 2024                        TRIAL DATE:  July 22, 2024

                                                          

CASE:                         Fredrick Smith v. Clearpath Federal Credit Union

 

CASE NO.:                 23STCV05596

 

 

MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY

 

MOVING PARTY:               Defendant Clearpath Federal Credit Union

 

RESPONDING PARTY:     No opposition

 

 

This is a wrongful termination action.  On October 10, 2023, Michael J. Jaurigue and Amanda L. Thompson, counsel for Plaintiff, Fredrick Smith, filed a Motion to be Relieved as Counsel.  The court granted the motion on January 5, 2024.  As such, Plaintiff is currently self-represented.

 

On October 12, 2023, Defendant, Clearpath Federal Credit Union, filed this motion to compel Plaintiff to provide verifications and further responses to Requests for Production, Set One, Nos. 13-14, 18-19, 25, and 28-30.  The motion was scheduled to be heard on March 1, 2024.  Defendant filed a proof of service indicating Plaintiff’s counsel was served with this motion on behalf of Plaintiff.

 

Given that Plaintiff is no longer represented by counsel, Defendant is directed to serve Plaintiff with this motion by personal service.  The court also notes Defendant has discovery motions set for hearing on March 5, 2024.  The court will also continue those motions to April 26, 2024 and will require Defendant to serve Plaintiff with the March 5, 2024 motions by personal service.  Defendant is to file proof of service with the court no later than 5 court days before the April 26, 2024 hearing date.[1]

 

Clerk of the Court to give notice.  

 

Dated:   March 1, 2024                                  

 

   

 

  Kerry Bensinger  

  Judge of the Superior Court 

 

           

 

 



[1] The parties have not participated in an Informal Discovery Conference (IDC) prior to the hearing for the motion to compel further.  However, given that Plaintiff is self-represented, the court will not impose the IDC requirement.