Robbins Research International Inc v. NeedBasedApps LLC et al

Filing 80

ORDER TO SHOW CAUSE by Magistrate Judge Fernando M. Olguin. IT IS HEREBY ORDERED THAT, on or before October 29, 2012, counsel for defendant NBA, Rebecca A. Cucu, ("counsel") shall show cause, if any there be, why she should not be sanctioned for violating Fed. R. Civ. P. 26(g). (See document for further details). (mr)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

CENTRAL DISTRICT OF CALIFORNIA

8
9

ROBBINS RESEARCH
INTERNATIONAL, INC., et al.,

10
Plaintiffs,
11
v.
12
NEEDBASEDAPPS, LLC, et al.,
13
Defendants.
14

)
)
)
)
)
)
)
)
)
)
)

NO. CV 12-0797 GW (FMOx)

ORDER TO SHOW CAUSE

15

On June 4, 2012, plaintiff Robbins Research International, Inc. (“RRI”) served its First Set

16

of Requests for the Production of Documents and Things to Defendant NBA (“Document

17

Requests”), which contained 62 Document Requests. (Declaration of Eric J. Lorenzini in Support

18

of Plaintiff Robbins Research International, Inc.’s Motion to Compel Production of Documents and

19

Tangible Things (“Lorenzini Decl.”) at ¶ 8 & Exhibit (“Exh.”) E). Defendant Needbasedapps, LLC,

20

(“NBA”) served its responses to the Document Requests on July 9, 2012 (“July 9, 2012,

21

Responses”). (Id. at ¶ 10 & Exh. H). The July 9, 2012, Responses consisted of boilerplate

22

objections to nearly all of the 62 Document Requests.1 (See id. at Exh. H). The July 9, 2012,

23

Responses were signed by defense counsel, Rebecca A. Cucu. (See id.).

24

IT IS HEREBY ORDERED THAT, on or before October 29, 2012, counsel for defendant

25

NBA, Rebecca A. Cucu, (“counsel”) shall show cause, if any there be, why she should not be

26
27
28

1

There were four Document Requests for which NBA responded that there are no responsive
documents. However, even a few of those appear to be based on a misconstruction of the
Request.

1

sanctioned for violating Fed. R. Civ. P. 26(g). Counsel shall attempt to show such cause in

2

writing by filing a declaration signed under penalty of perjury.2 In particular, counsel's

3

declaration must address whether she conducted a reasonable inquiry within the meaning

4

of Rule 26(g) before signing the Document Requests and whether she has substantial

5

justification for all the responses she provided to RRI’s Document Requests in the July 9,

6

2012, Responses. Failure timely to file such a declaration or to show cause as ordered will

7

result in sanctions being imposed.

8
9
10

IT IS FURTHER ORDERED THAT, on or before November 5, 2012, counsel for RRI shall
provide a declaration signed under penalty of perjury responding to Ms. Cucu’s declaration.
Dated this 15th day of October, 2012.

11
12

/s/
Fernando M. Olguin
United States Magistrate Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, oral
argument on this Order to Show Cause will not be heard unless ordered by the court. Upon the
filing of a Response, the Order to Show Cause will stand submitted.
2