Judge: Melissa R. Mccormick, Case: "Warner v. FCA US, LLC", Date: 2022-09-08 Tentative Ruling

Plaintiffs Thomas Warner and Misty Dawn Warner’s Motion to Compel Further Responses to Requests for Production

Plaintiffs Thomas Warner and Misty Dawn Warner move to compel defendant FCA US LLC to provide further responses to Requests for Production (Set One) Nos. 8, 11, 16 through 23, 25, 54, 55, and 57 through 60.  For the following reasons, plaintiffs’ motion is granted in part and denied in part.

Plaintiffs contends defendant’s March 29, 2022 supplemental responses to the above requests are insufficient.  The court has reviewed defendant’s March 29, 2022 supplemental responses and defendant’s August 17, 2022 amended supplemental response to Request No. 59.

Defendant’s responses to Request Nos. 8, 54, and 55 are deficient.  Defendant states it has “produced responsive documents.”  Defendant’s response does not clearly state whether defendant has produced “all” responsive documents.  Plaintiffs thus are left to wonder whether defendant has withheld any responsive documents from production.  In its separate statement, defendant states it has produced “all responsive documents within its possession, custody and [sic] control related to” these requests.  Defendant must serve a verified, further response to Requests Nos. 8, 54, and 55 so stating.  In addition, the court notes defendants must produce documents within its possession, custody, or control.

Defendant’s responses to Request Nos. 11, 16, 17, 19, 20, 23, 25, 57, 58, and 59 state no responsive documents exist and/or defendant has searched for responsive documents and not located any responsive documents.  Plaintiffs’ motion to compel further responses to Request Nos. 11, 16, 17, 19, 20, 23, 25, 57, 58, and 59 is denied.

Defendant’s responses to Request Nos. 18, 21, 22, and 60 state defendant will produce additional responsive documents.  If defendant has not yet produced all nonprivileged documents responsive to Requests Nos. 18, 21, 22, and 60, defendant is ordered to do so by September 19, 2022.

Plaintiff to give notice.