Bruno v. Equifax Credit Information Services, LLC, et al.

Filing 122

ORDER AFTER HEARING signed by Magistrate Judge Edmund F. Brennan on 2/7/2018 GRANTING #90 Motion to Compel as follows: Plaintiff's First Set of Requests for Admissions is deemed admitted; By no later than 2/21/2018, Geneva Financial Services, Inc. and John McGinley shall provide responses to plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents; and Geneva Financial Services, Inc. shall reimburse plaintiff the reasonable expenses he incurred in bringing the instant motion to compel. By no later than 2/21/2018, Mr. Kohl shall submit a declaration detailing those expenses. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL BRUNO, Individually and on
behalf of others similarly situated,
Plaintiff,

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ORDER AFTER HEARING
v.

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No. 2:17-cv-327-WBS-EFB

EQUIFAX INFORMATION SERVICES,
LLC; GENEVA FINANCIAL SERVICES,
INC.; JOHN MCGINLEY; ANDY
MITCHELL; AND REBS SUPPLY, INC
d/b/a/ REBS MARKETING, INC.,
Defendants.

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This case was before the court on January 10, 2018, for hearing on plaintiff’s motion for

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an order deeming Plaintiff’s First Set of Requests for Admissions admitted and to compel

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defendant Geneva Financial Services, Inc. to respond to plaintiff’s First Set of Interrogatories and

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First Set of Requests for Production of Documents. ECF No. 90. Attorney James Kohl appeared

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on behalf of plaintiff; attorney Rebecca Wester appeared on behalf of defendant John McGinley

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and Geneva Financial Services, LLC; attorney Matthew Dawson appeared on behalf of defendant

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Equifax Information Services, LLC.

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For the reasons stated on the record, plaintiff’s motion is granted as follows:

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1. Plaintiff’s First Set of Requests for Admissions is deemed admitted;

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2. By no later than February 21, 2018, defendants Geneva Financial Services, Inc.1 and

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John McGinley shall provide responses to plaintiff’s First Set of Interrogatories and First Set of

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Requests for Production of Documents; and

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3. Geneva Financial Services, Inc. shall reimburse plaintiff the reasonable expenses he

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incurred in bringing the instant motion to compel. See Fed. R. Civ. P. 37(a)(5)(A). By no later

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than February 21, 2018, Mr. Kohl shall submit a declaration detailing those expenses.

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So Ordered.

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DATED: February 7, 2018.

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Although the discovery at issue was served on Ms. Wester, who contends that she
represents Geneva Financial Services, LLC and not Geneva Financial Services, Inc., as stated on
the record, Geneva Financial Services, Inc. and John McGinley have actual knowledge of the
discovery served by plaintiff. Documents filed with the California Secretary of State demonstrate
that defendant John McGinley, who is represented by Ms. Wester, is the Chief Operating Officer
of Geneva Financial Services, Inc. ECF No. 99-2.
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