Chavez v. Travelers Property Casualty Insurance Company

Filing 28

ORDER signed by Magistrate Judge Craig M. Kellison on 9/25/2015 GRANTING defendant's 23 Motion to Compel. Plaintiff shall provide responses to defendant's Interrogatories (Set One), and Request for Production of Documents (Set One), without objection and with responsive documents within 15 days of date of this Order. (Marciel, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JULIE CHAVEZ,

12

Plaintiff,

13
14
15

No. 2:14-CV-2327-CMK

vs.

ORDER

TRAVELERS PROPERTY
CASUALTY INSURANCE
COMPANY,

16

Defendant.

17

/
Plaintiff, who is proceeding with retained counsel, brings this civil action.1

18
19

Pending before the court is defendant’s unopposed motion to compel (Doc. 23).

20

///

21

///

22

///

23
24
25
26

1

On August 19, 2015, counsel for defendant appeared telephonically to apprise the
court that he had been informed by plaintiff’s counsel, Albert Boasberg, Esq., that his services
had been terminated. To date, plaintiff has not submitted a substitution of attorney, nor has Mr.
Boasberg sought leave to withdraw. Therefore, counsel of record for plaintiff remains Mr.
Boasberg.
1

1

Defendant propounded interrogatories and requests for production of documents

2

to plaintiff on April 30, 2015. Plaintiff failed to provide any responses. In its motion, defendant

3

seeks an order compelling plaintiff to provide answers and responsive documents without

4

objection. Plaintiff has failed to respond to defendant’s motion. Good cause appearing therefor,

5

defendant’s unopposed motion will be granted, see Fed. R. Civ. P. 37(a)(3)(B), and plaintiff will

6

be required to serve answers and responsive documents without objection, see Fed. R. Civ. P.

7

33(b)(4), Richmark Corp. V. Timber Falling Consultants, 959 F.2d 1468 (9th Cir. 1992) (noting

8

that waiver applied to discovery under Rule 34).

9

Accordingly, IT IS HEREBY ORDERED that:

10

1.

Defendant’s motion to compel (Doc. 23) is granted; and

11

2.

Plaintiff shall provide responses to defendant’s interrogatories, set one,

12

and requests for production of documents, set one, without objection and with responsive

13

documents within 15 days of the date of this order.

14
15

DATED: September 25, 2015

16
17

______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
2