Judge: Linda S. Marks, Case: 2021-01221984, Date: 2022-10-10 Tentative Ruling

1. Motion to Compel Further Responses to Special Interrogatories
2. Motion to Compel Production
3. Motion to Compel Response to Requests for Admissions filed by Kathleen Allison on 3/22/22

Defendant Kathleen Allison’s Motion to Compel Further Responses to Special Interrogatories (ROA 58); (2) Motion to Compel Further Production (ROA 54); and (3) Motion to Compel Further Response to Requests for Admission (ROA 50) against Plaintiff Timothy Dunigan have been resolved by further meet and confer between the parties, except for Defendants’ requests for monetary sanctions.

It appears that on 8/29/22, Defendant, Kathleen Allison (“Defendant”) timely filed and served a Stipulation to Defendants’ Motion to Compel Further Responses to Discovery (“Stipulation”). The Court notes that the parties did not file a Joint Statement, but filed a Stipulation, and that the Stipulation appears to have been rejected due to the manner it was submitted, with attempts to re-file the Stipulation on 8/31/22, and most recently on 9/13/22. Despite this issue, the Court has reviewed the Stipulation.

In addition, although the Court did not permit additional filings beyond the Joint Statement, it appears that the parties agreed to supplemental briefing. Plaintiffs filed a supplemental opposition on 8/29/22. (ROA 87.) The Court will consider the supplemental opposition. No Supplemental Reply on behalf of Defendant appears in the Court’s file.

The Stipulation and supplemental papers filed by the parties indicate that per the Court’s Minute Order dated August 1, 2022, the parties met and conferred and resolved all issues that were at issue in the three discovery motions, except that the parties had not come to an agreement concerning Defendant’s requests for monetary sanctions, leaving it to the discretion of the Court.

Defendant requests monetary sanctions against Plaintiff Timothy Dunigan in the amount of $1,350, each, or another amount the Court deems appropriate, for the Motion to Compel Further Responses to Special Interrogatories, Set One, and Motion to Compel Further Responses to Request for Production Set One. Contrary to the Stipulation and Plaintiffs’ Supplemental Opposition, Defendants did not request $1,350 for the Motion to Compel Further Responses to Request for Admissions, Set One; rather, Defendants requested monetary sanctions against Plaintiff Timothy Dunigan in the amount of $450. Notwithstanding this distinction, the motions were continued based on the finding that it did not appear that counsel for the parties adequately made reasonable and good faith attempts to meet and confer prior to the filing of the instant motions.

Tentative Ruling: Defendant’s requests for monetary sanctions as to the three discovery motions are DENIED.  Plaintiffs to give notice.