Judge: Michael Small, Case: 18STCV07245, Date: 2024-01-22 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 18STCV07245    Hearing Date: January 22, 2024    Dept: 57

Defendants have moved for the appointment of a discovery referee for the purpose of setting the date, time, and place for all depositions, direct the issuance of subpoenas, preside over depositions, and rule on objections during the depositions.   Plaintiff opposes the motion.  The Court is denying the motion without prejudice.

Yes, this case is contentious, to put it mildly.  And yes, it appears that there has been delay in getting depositions scheduled and conducted.  But neither the contentiousness of the case nor the slow pace of depositions warrants the appointment of a discovery at this time.  The Court's reasoning is this.  Defendants have not asked this Court to hold an informal discovery conference to assist in breaking the deposition impasse.   Nor have the Defendants filed a motion to compel seeking orders from the Court relating to the present impasse.   The appointment of a discovery referee, even for the limited purpose of dealing with depositions, is the exception not the rule.  Defendants have not persuaded the Court that the exception applies at this time when the Defendants have not asked for relief from the Court.

That  said, the Court is concerned about what is happening, or not happening, with the depositions.  The Court is available to assist the parties in addressing this problem.