Judge: Peter Wilson, Case: 2019-01107756, Date: 2022-09-08 Tentative Ruling

Plaintiff David Lawson’s Motion for Sanctions is CONTINUED to November 3, 2022 at 2 p.m.

It is undisputed that without any explanation or excuse, Defendant Executive Maintenance, Inc. (EMI) has failed to comply with the Court’s prior discovery orders of February 4, 2021, July 8, 2021 and January 20, 2022. However, on or about August 29, 2022, Plaintiff received a large volume of documents from EMI that appear to be employee personnel records and other documents, but Plaintiff has not had sufficient opportunity to review them. ROA 246, Reply, p. 2:5-9; ROA 248, Lin Decl., ¶21. Accordingly, it is unclear if EMI has finally complied with the Court’s prior discovery Orders and what sanctions may be appropriate based on this most recent production.

If there are still outstanding discovery issues, the parties are ordered to meet and confer within 30 days. The parties are also ordered to file a Joint Supplemental Briefing identifying any outstanding issues and their respective positions at least 9 court days before the continued hearing. Plaintiff is permitted to update the amount of monetary sanctions requested in the Joint Supplemental Briefing.

The Court reserves ruling on the issue of evidence, issue, terminating and monetary sanctions until the continued hearing.

The status conference is continued to November 3, 2022 at 2 p.m.

Plaintiff is Ordered to give notice.