California Sportfishing Protection Alliance v. Paradise Ready Mix, Inc. et al

Filing 72

SUMMARY ORDER signed by Magistrate Judge Gregory G. Hollows on 3/16/12: Plaintiff's motion to compel, filed November 14, 2011 is granted 49 . Defendant shall respond to the following discovery propounded by plaintiff by March 31, 2012. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE,

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Plaintiff,

CIV. NO. S-10-1801 GEB GGH PS

vs.
WILLIAM CALLAWAY,
dba PARADISE READY MIX,

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SUMMARY ORDER
Defendant.
/
Previously pending on this court’s law and motion calendar for March 15, 2012,

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was defendant’s motion to dismiss, filed January 25, 2012, and plaintiff’s motion to compel

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discovery, filed November 14, 2011. Defendant Callaway appeared in pro se. Plaintiff was

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represented by Erik Roper. These motions will be resolved in an explanatory order to be issued

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on a later date; however, because time is of the essence in regard to the motion to compel, the

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instant summary order is issued with respect to that motion.

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Defendant responded to plaintiff’s first set of discovery with blanket objections

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and erroneous legal authority. Defendant will be permitted to amend his responses so long as he

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does so in good faith and exercises reasonable diligence in obtaining responses. Defendant shall
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conduct a thorough and good faith search for all documents in his custody, possession or control

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responsive to plaintiff’s requests, and shall respond to all discovery requests to the best of his

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knowledge based upon a reasonable investigation. Failure to properly respond to the discovery

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requested will result in sanctions, including the possibility of some or all admissions being

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deemed admitted.

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Accordingly, IT IS ORDERED that:

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1. Plaintiff’s motion to compel, filed November 14, 2011, (dkt. no. 49), is

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granted.
2. Defendant shall respond to the following discovery propounded by plaintiff by
March 31, 2012:

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a. First Set of Requests for Admissions numbered 1-16, 19-22.

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b. First Set of Requests for Production of Documents (all requests).

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c. First Set of Interrogatories (all interrogatories).

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3. Failure to respond timely and completely and without blanket objections to the

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aforementioned discovery will result in sanctions.

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DATED: March 16, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/CSPA1801.sum-mtc.wpd

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