Judge: Steven J. Kleifield, Case: 22STCP02017, Date: 2023-03-14 Tentative Ruling

Case Number: 22STCP02017    Hearing Date: March 14, 2023    Dept: 57

JP MORGAN CHASE BANK, N.A. v. JOSHUA JOHNSON
TENTATIVE RULING ON JOSHUA JOHNSON'S MOTION TO COMPEL FURTHER RESPONSES TO REQEUSTS FOR ADMISSIONS, SET FOR HEARING ON MARCH 14, 2023

The Court's tentative ruling is to deny Johnson's motion to compel further responses to requests for admission that Johnson propounded on JP Morgan Chase Bank, N.A. ("JPM Chase") .  The motion seeks that form of discovery from JPM Chase in connection with Johnson's contention that he has a right to appeal an American Arbitration Association's ("AAA") award in arbitration proceeding between the parties.  Johnson has filed that appeal with AAA itself.   The appeal is pending with AAA.  Under these circumstances, there is no present controversy between the parties for this Court to adjudicate.  The matter is before the AAA.

The Court is aware that Johnson has filed three other similar motions seeking further responses to other forms of discovery that Johnson has propounded on JPM Chase.  Those motions are scheduled to be heard in the coming days in this Court.  They present the same issue as raised in the RFA-related motion on calendar on March 14, 2023.  Accordingly, the Court is inclined to advance the other motions to March 14, 2023 and deny them for the same reason that the Court has tentatively concluded the RFA-related motion should be denied.