Judge: Stephen I. Goorvitch, Case: 21STCV29626, Date: 2023-01-17 Tentative Ruling

Case Number: 21STCV29626    Hearing Date: January 17, 2023    Dept: 39

James Kevin King v. Philip Coleman, et al.

Case No. 21STCV29626

Order #1 of 3

Plaintiff James Kevin King’s Motions against Defendant Philip Coleman

            Plaintiff James Kevin King (“Plaintiff”) moves to compel responses from Defendant Philip Coleman (“Defendant Coleman”) to the following discovery requests: (1) Special Interrogatories, Set One (“SROGs”); (2) Form Interrogatories, Set One (“FROGs”); and (3) Requests for Production of Documents, Set One (“RPDs”).  Plaintiff also seeks to deem the matters specified in the Requests for Admission, Set One (“RFAs”) to have been admitted.  Defendant Coleman filed no oppositions to these motions, and there is nothing in the record suggesting that he has complied with his discovery obligations. 

            Based upon the foregoing, the Court orders as follows:

            1.         Defendant Coleman shall provide discovery responses, without objections, within thirty (30) days. 

2.         The Court orders that the matters specified in the RFAs have been admitted. 

3.         Plaintiff seeks sanctions against Defendant Coleman and his counsel-of-record.  The Court orders Defendant Coleman, but not his counsel-of-record, to pay sanctions in the total amount of $2,346.60 based upon six (6) hours at a reasonable billing rate of $350 per hour plus four filing fees of $61.65 each within thirty (30) days.

4.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.

Order #2 of 3

Defendant Debra K. Johnson’s Motions against Defendant Coleman

            Defendant Debra K. Johnson (“Defendant Johnson”) moves to compel responses from Defendant Philip Coleman (“Defendant Coleman”) to the following discovery requests: (1) Form Interrogatories, Set One (“FROGs”); (2) Requests for Production of Documents, Set One (“RPDs”); and (3) Special Interrogatories, Set One (“SROGs”).  Defendant Coleman filed no oppositions to these motions, and there is nothing in the record suggesting that he has complied with his discovery obligations. 

            Based upon the foregoing, the Court orders as follows:

            1.         Defendant Coleman shall provide discovery responses, without objections, within thirty (30) days. 

2.         Defendant Stokes seeks sanctions against Defendant Coleman and his counsel-of-record.  The Court orders Defendant Coleman, but not his counsel-of-record, to pay sanctions in the total amount of $1,934.95 based upon five (5) hours at a reasonable billing rate of $350 per hour plus four filing fees of $61.65 each within thirty (30) days.

3.         Counsel for Defendant Stokes shall provide notice and file proof of such with the Court. 

Order #3 of 3

Defendant Debra K. Johnson’s Motion to Compel Further Responses from Plaintiff

            Defendant Debra K. Johnson (“Defendant Johnson”) moves to compel further responses from Plaintiff James Kevin King (“Plaintiff”).  After Defendant served this motion, Plaintiff filed supplemental responses to the RPD, FROG, and SROG.  As such, the motions are moot except as to sanctions.  The Court declines to award sanctions because the parties should have been able to resolve this issue without a motion.  Counsel for Defendant Stokes shall provide notice and file proof of such with the Court.