Judge: Maurice A. Leiter, Case: 20STCV31620, Date: 2022-09-16 Tentative Ruling

Case Number: 20STCV31620    Hearing Date: September 16, 2022    Dept: 54

Hearing Date: September 16, 2022

Department 54, Judge Maurice A. Leiter

Motion to Compel Further Responses to Discovery

Moving Party: Plaintiff Michael Henry

Responding Party: Defendant Federal Express Corporation

T/R:     PLAINTIFF’S MOTION IS DENIED AS MOOT.

THE PARTIES’ REQUESTS FOR SANCTIONS ARE DENIED.

            PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers and opposition.

BACKGROUND

On August 19, 2020 Plaintiff Michael Henry filed a Complaint alleging ten causes of action against Defendants Federal Express Corporation, Vuthy Khong, and Neal Tomita. This action arises from Plaintiff’s employment with Defendant Federal Express Corporation. Plaintiff alleges Defendant discriminated against him based on his age, race, and disability.

ANALYSIS

The moving party on a motion to compel further responses to requests for production of documents (“RPDs”) must submit “specific facts showing good cause justifying the discovery sought by the inspection demand.”  (CCP § 2031.310(b)(1).)  If the moving party has shown good cause for the RPDs, the burden is on the objecting party to justify the objections.  (Kirkland v. Sup.Ct (2002) 95 Cal. App.4th 92, 98.) 

Plaintiff moves to compel further responses to requests for production of documents from Defendant. In opposition, Defendant says further responses were served both before and after Plaintiff filed this motion. Plaintiff has not filed a reply.

Plaintiff did not schedule an IDC before bringing this motion and the parties have not met and conferred on Defendant’s further responses. As Defendant has served further responses, the motion is MOOT. The parties must meet and confer, and schedule an IDC if necessary, before any further motion.