Clayton v. Automated Gaming Technologies, Inc.

Filing 178

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/21/15 ORDERING that plaintiff's motion to compel a further response to his First Set of Interrogatories is DENIED. Plaintiff's motion to compel the production of documents is GRANTED. AGT shall comply with this order by no later than 2/4/2015. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH R. CLAYTON,

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Plaintiff,
v.
AUTOMATED GAMING
TECHNOLOGIES, INC., a Nevada
corporation, JOHN R. PRATHER, and
ROBERT MAGNANTI,

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AUTOMATED GAMING
TECHNOLOGIES INC., a Nevada
corporation,
Counter-Claimant,

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ORDER

Defendants.

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No. 2:13-CV-907-JAM-EFB

v.
KEITH R. CLAYTON, and DOES 1
through 10, inclusive,
Counter-Defendants.

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On January 21, 2015, this matter was before the court for hearing on plaintiff’s motion to
compel defendant Automated Gaming Technologies, Inc. (“AGT”) to produce documents
responsive to plaintiff’s Third Request for Production of Documents, ECF No. 162, and
plaintiff’s motion to compel AGT to provide a further response to plaintiff’s First Set of
Interrogatories, ECF No. 163.

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For the reasons stated on the record, plaintiff’s motion to compel a further response to his

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First Set of Interrogatories is denied. As stated on the record, plaintiff’s concerns are more

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appropriately addressed by way of a deposition of the person or persons having actual knowledge

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of defendant’s representations in response to the interrogatory. Plaintiff’s motion to compel the

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production of documents is granted. As for requests for production of documents numbers 10,

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11, and 18-22, AGT shall provide a verification, signed under penalty of perjury, for each

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category of documents requested, describing in detail the search that was performed and the

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results of the search. As for the remaining requests for production—requests 1-9, 12-17, 23-43—

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AGT shall provide a further response, which identifies, by bates number or other means, the

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documents AGT claims it has already produced for each individual request. If AGT claims that

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no responsive documents are available for a specific request, AGT shall produce a verification,

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signed under penalty of perjury, for the particular request, describing in detail the search that was

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performed and the result of the search. AGT shall comply with this order by no later than

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February 4, 2015.

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DATED: January 21, 2015.

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