Judge: Nathan R. Scott, Case: Thompson v. Cue Industries, Date: 2022-12-09 Tentative Ruling

Motion to consolidate

Plaintiff Jeryl Thompson’s motion to consolidate is granted.  (See Code Civ. Proc., § 1048.)

Thompson #21-01179609 is consolidated for all purposes with Spallino #20-01153121, with Spallino #20-01153121 as the lead case number.

Motion to Appoint Referee

Plaintiff’s motion to appoint discovery referee is granted. (See Code Civ. Proc. § 639.)  Plaintiff has shown good cause for the assistance of a referee during the deposition of defendant William Spallino.

The court appoints Hon. Robert Thomas (ret.) of ADR Services as the referee for this deposition, which shall resume on a date and time mutually convenience to the parties and the referee.  Judge Thomas shall charge no more than $750 per hour with a $1000 initial administrative fee. 

Plaintiff shall bear 1/2 and defendants Cue Industries and Spallino shall jointly and severally bear 1/2 of any initial reference costs, with the referee authorized to make a recommendation about the final allocation of the costs.

In addition, on its own motion, the court sets an OSC re appointment of discovery referee for 2/3/23 at 10 am.

Unless a party shows good cause otherwise, the court will appoint a discovery referee to hear the pending discovery motions and all future discovery disputes in this case concerning these parties.  (See Code Civ. Proc., § 639, subd. (a)(5); see also Taggares v. Superior Court (1998) 62 Cal.App.4th 94, 101-105.)

The parties are invited to file and serve briefs of 7 pages or less addressing the appointment of a discovery referee by no later than 1/25/23.  The briefs should include recommendations on who the court should appoint, even if the party contends no referee is necessary.

This case involves multiple disputes over multiple forms of discovery with an uncommon amount of contentiousness, as shown in the motions regarding the Spallino deposition. 

Motion for Sanctions/Conclude Depo (ROA #320)

Defendant Cue Industries Inc.’s alternative request to appoint a discovery referee for the Spallino deposition is granted.  Its request to conclude deposition is denied.  Its request for attorney fees and costs is continued to 2/3/23 at 10 am.  If a discovery referee is appointed for all purposes, the referee will be authorized to hear that request.

Motion to Compel Compliance (ROA #312)

Motion to Compel Responses (ROA#305)

These motions are continued to 2/3/23 at 10 am pending determination of the appointment of a referee.

Motion to Compel Production (ROA #332)

This motion is taken off calendar.  (See 12/2/22 notice.)

The clerk shall give notice.