Eugene Sowa et al v. Sony NMN Vandiver et al

Filing 32

ORDER by Magistrate Judge Kenly Kiya Kato: granting 27 Motion to Compel; granting 27 Motion for Sanctions (dts)

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Daniel P. Schrader (SBN 145670)
[e-mail]
Mary Katherine Back (SBN 234021)
[e-mail]
Dane W. Schrader (SBN 317004)
[e-mail]
MANNING GROSS + MASSENBURG LLP
201 Spear Street, 18th Floor
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
SONNY NMN VANDIVER
and KOOL RIDE LLC

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UNITED STATES DISTRICT COURT
LAW OFFICES OF
MANNING GROSS + MASSENBURG LLP

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CENTRAL DISTRICT OF CALIFORNIA
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EUGENE C. SOWA, an individual,
MARYLOU ANN SOWA, an
individual,

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Plaintiffs,

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vs.
SONNY NMN VANDIVER, an
individual, KOOL RIDE
TRUCKING, LLC., a California
corporation, and DOES 1 through
50, inclusive,
Defendants.

Case No.: 5:19-cv-01492 MWF(KKx)
Removed from San Bernardino County
Superior Court, Case No. CIVDS1908442
Assigned to:
Honorable Kenly Kiya Kato
Courtroom: 3
[PROPOSED] ORDER GRANTING
DEFENDANTS’ MOTION TO
COMPEL RULE 35 NEUROLOGICAL
EXAMINATION OF PLAINTIFF
EUGENE SOWA
Date:
Dept.:
Time:

December 3, 2020
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10:00 a.m.

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Complaint Filed: March 27, 2019
Removal Filed:
August 9, 2019
Trial Date:
July 13, 2021

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NOTE CHANGES MADE BY THE COURT
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-1[PROPOSED] ORDER GRANTING DEFENDANTS’
MOTION TO COMPEL RULE 35 EXAMINATION OF PLAINTIFF EUGENE SOWA

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On October 27, 2020, defendants Sonny Nmn Vandiver and Kool Ride
Trucking LLC’s (collectively “Defendants”) filed a Motion to Compel Plaintiff

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Eugene Sowa’s Rule 35 Neurological Examination. Dkt. 27. Plaintiff has not filed

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an opposition, which the Court deems consent to the granting of the Motion. See

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Local Rule 7-12.

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LAW OFFICES OF
MANNING GROSS + MASSENBURG LLP

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The Court having considered Defendants’ motion, Plaintiff’s failure to file an
opposition, and finding good cause,
IT IS HEREBY ORDERED THAT DEFENDANTS’ MOTION IS GRANTED

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AS FOLLOWS:

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(1)

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Plaintiff Eugene Sowa shall appear for the examination with Dr. Barry

Ludwig located at 2811 Wilshire Blvd., Santa Monica, CA 90403 on December 9,

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2020 at 1 p.m.; and
(2)

Plaintiff Eugene Sowa and his counsel of record Moussa Helo are jointly

and severally ordered to pay Defendants’ reasonable expenses incurred in filing the

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instant Motion in the sum of $2,200.00 to Defendants within ten (10) days of

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execution of this order.

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Dated: November 18, 2020

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By:
Hon. Kenly Kiya Kato
United States Magistrate Judge

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-2[PROPOSED] ORDER GRANTING DEFENDANTS’
MOTION TO COMPEL RULE 35 EXAMINATION OF PLAINTIFF EUGENE SOWA