Lenkner et al v. County of Tehama

Filing 48

ORDER signed by Magistrate Judge Dennis M. Cota on 12/6/2018 GRANTING the defendant's motions to compel (Docs. 33 , 34 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , and 45 ). Plaintiffs shall provide verified responses to the di scovery requests on or before 12/14/2018. Such responses shall be without objection, objections having been waived by plaintiffs' failure to serve timely responses. The court further orders plaintiffs' verifications each be notarized. P laintiff John Alderton shall appear for his deposition on or before 12/14/2018. The court further awards $5,827.20 in reasonable attorney's fees and costs. Plaintiffs are cautioned that failure to fully comply with this order may be grounds for terminating and/or other sanctions. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT LENKNER, et al.,

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Plaintiffs,

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v.

No. 2:17-CV-1839-JAM-DMC

ORDER

COUNTY OF TEHAMA,

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Defendant.

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Plaintiffs, who are proceeding with retained counsel, bring this civil action.

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Pending before the court are defendant’s motions to compel (Docs. 33, 34, 36, 37, 38, 39, 40, 41,

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42, 43, 44, and 45). Plaintiffs failed to file any oppositions to the motions, which were submitted

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without oral argument. The following is a summary of defendant’s unopposed motions:

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Doc. 33

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Motion to Compel Plaintiff Ken Ziu Thang’s Responses to
Interrogatories, Set One
Defendant served interrogatories on plaintiff Ken Ziu
Thang on March 28, 2018. After receiving a two-week
extension of time to respond, plaintiff provided unsigned
unverified responses on May 18, 2018. On June 4, 2018,
and June 20, 2018, defendant’s counsel sent plaintiffs’
counsel emails requesting a verification. On August 14,
2018, plaintiffs’ counsel provided Mr. Thang’s verification
by email.

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On September 12, 2018, defendant’s counsel took plaintiff
Thang’s deposition, at which time Mr. Thang was
presented with a copy of his responses to defendant’s
interrogatories and his signed verification. Plaintiff Thang
testified he had never seen the interrogatories and that the
signature on the verification was not his.

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On September 14, 2018, and September 25, 2018,
defendant’s counsel requested plaintiff’s verification. As
of the filing of defendant’s motion on November 1, 2018,
no verification had been received.

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Defendant seeks an order compelling verified responses as
well as $292.50 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Doc. 34
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Motion to Compel Plaintiff Shannon F. Saetern’s
Responses to Requests for Admissions, Set One
Defendant served requests for admissions on plaintiff
Shannon F. Saetern on March 28, 2018. After receiving a
two-week extension of time to respond, plaintiffs’ counsel
notified defendant’s counsel on June 4, 2018, no responses
had been received to date and, on June 7, 2018, plaintiffs’
counsel responded indicating he would “investigate the
matter.”

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On September 11, 2018, plaintiffs’ counsel informed
defendant’s counsel responses had been sent to the wrong
address and defendant’s counsel asked that plaintiffs’
counsel provide responses the following day at plaintiff
Saetern’s deposition. The deposition occurred on
September 12, 2018, but plaintiff did not produce responses
as requested.

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On September 14, 2018, defendant’s counsel sent a meetand-confer letter requesting verified responses by
September 24, 2018. On September 25, 2018, defendant’s
counsel gave plaintiffs’ counsel an additional week to
respond. As of the filing of defendant’s motion on
November 1, 2018, no response had been received.

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Defendant seeks an order compelling verified responses as
well as $292.50 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Doc. 36
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Motion to Compel Plaintiff John Alderton’s Appearance at
His Deposition
On August 16, 2018, defendant served plaintiff a notice of
deposition. The deposition was noticed for September 4,
2018. The parties agreed to continue the deposition, which
was re-noticed for October 12, 2018. On October 10, 2018,
plaintiffs’ counsel informed defendant’s counsel he was
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having a difficult time contacting Mr. Alderton and warned
that Mr. Alderton may not attend. Defendant’s counsel
agreed to continue the deposition to October 26, 2018.
Once again, plaintiffs’ counsel informed defendant’s
counsel he was having a difficult time contacting Mr.
Alderton and was not sure if he would attend. Plaintiff
Alderton ultimately failed to appear for his re-noticed
deposition on October 26, 2018.

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Defendant seeks an order compelling plaintiff Alderton’s
attendance at his deposition. Alternatively, defendant seeks
terminating sanctions. Defendant also seeks $2,122.20 in
reasonable attorney’s fees and costs associated with
bringing the motion.

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Doc. 37
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Motion to Compel Plaintiff Randolph Bilton’s Responses
to Requests for Production, Set One
On August 31, 2018, defendant served plaintiff Randolph
Bilton with requests for production, set one. Plaintiff did
not serve responses or seek additional time prior to the due
date of October 4, 2018. On November 1, 2018,
defendant’s counsel contacted plaintiffs’ counsel and
requested discovery be provided by November 9, 2018. No
responses had been received as of November 12, 2018, and
defendant’s counsel emailed plaintiffs’ counsel regarding
the outstanding discovery. As of the fling of defendant’s
motion on November 13, 2018, no responses had been
received.

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Defendant seeks an order compelling verified responses as
well as $390.00 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Doc. 38

Motion to Compel Plaintiff Connie Bilton’s Responses to
Requests for Production, Set One

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On August 31, 2018, defendant served plaintiff Connie
Bilton with requests for production, set one. Plaintiff did
not serve responses or seek additional time prior to the due
date of October 4, 2018. On November 1, 2018,
defendant’s counsel contacted plaintiffs’ counsel and
requested discovery be provided by November 9, 2018. No
responses had been received as of November 12, 2018, and
defendant’s counsel emailed plaintiffs’ counsel regarding
the outstanding discovery. As of the fling of defendant’s
motion on November 13, 2018, no responses had been
received.

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Defendant seeks an order compelling verified responses as
well as $390.00 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Doc. 39
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On August 31, 2018, defendant served plaintiff Bilton
Family Revocable Trust with requests for production, set
one. Plaintiff did not serve responses or seek additional
time prior to the due date of October 4, 2018. On
November 1, 2018, defendant’s counsel contacted
plaintiffs’ counsel and requested discovery be provided by
November 9, 2018. No responses had been received as of
November 12, 2018, and defendant’s counsel emailed
plaintiffs’ counsel regarding the outstanding discovery. As
of the fling of defendant’s motion on November 13, 2018,
no responses had been received.

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Defendant seeks an order compelling verified responses as
well as $390.00 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Motion to Compel Plaintiff Bilton Family Revocable
Trust’s Responses to Requests for Production, Set One

Doc. 40

Motion to Compel Plaintiff Robert Lenkner’s Responses to
Requests for Production, Sets One and Two

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On August 31, 2018, defendant served plaintiff Robert
Lenkner with requests for production, set one. Plaintiff did
not serve responses or seek additional time prior to the due
date of October 4, 2018. On September 14, 2018,
defendant served plaintiff Lenkner with requests for
production, set two. Plaintiff did not serve responses or
seek additional time prior to the due date of October 18,
2018.

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On November 1, 2018, defendant’s counsel contacted
plaintiffs’ counsel and requested discovery be provided by
November 9, 2018. No responses had been received as of
November 12, 2018, and defendant’s counsel emailed
plaintiffs’ counsel regarding the outstanding discovery. As
of the fling of defendant’s motion on November 13, 2018,
no responses had been received.

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Defendant seeks an order compelling verified responses as
well as $390.00 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Doc. 41

Motion to Compel Plaintiff Ken Ziu Thang’s Responses to
Requests for Production, Set One

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On August 31, 2018, defendant served plaintiff Thang with
requests for production, set one. Plaintiff did not serve
responses or seek additional time prior to the due date of
October 4, 2018. On November 1, 2018, defendant’s
counsel contacted plaintiffs’ counsel and requested
discovery be provided by November 9, 2018. No responses
had been received as of November 12, 2018, and
defendant’s counsel emailed plaintiffs’ counsel regarding
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the outstanding discovery. As of the fling of defendant’s
motion on November 13, 2018, no responses had been
received.

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Defendant seeks an order compelling verified responses as
well as $390.00 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Doc. 42

Motion to Compel Plaintiff Shannon F. Saetern’s
Responses to Requests for Production, Set One

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On August 31, 2018, defendant served plaintiff Saetern
with requests for production, set one. Plaintiff did not
serve responses or seek additional time prior to the due date
of October 4, 2018. On November 1, 2018, defendant’s
counsel contacted plaintiffs’ counsel and requested
discovery be provided by November 9, 2018. No responses
had been received as of November 12, 2018, and
defendant’s counsel emailed plaintiffs’ counsel regarding
the outstanding discovery. As of the fling of defendant’s
motion on November 13, 2018, no responses had been
received.

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Defendant seeks an order compelling verified responses as
well as $390.00 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Doc. 43
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On August 31, 2018, defendant served plaintiff Merry with
requests for production, set one. Plaintiff did not serve
responses or seek additional time prior to the due date of
October 4, 2018. On November 1, 2018, defendant’s
counsel contacted plaintiffs’ counsel and requested
discovery be provided by November 9, 2018. No responses
had been received as of November 12, 2018, and
defendant’s counsel emailed plaintiffs’ counsel regarding
the outstanding discovery. As of the fling of defendant’s
motion on November 13, 2018, no responses had been
received.

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Defendant seeks an order compelling verified responses as
well as $390.00 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Motion to Compel Plaintiff Elizabeth Merry’s Responses to
Requests for Production, Set One

Doc. 44

Motion to Compel Plaintiff John Alderton’s Responses to
Requests for Production, Set One

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On August 31, 2018, defendant served plaintiff Alderton
with requests for production, set one. Plaintiff did not
serve responses or seek additional time prior to the due date
of October 4, 2018. On November 1, 2018, defendant’s
counsel contacted plaintiffs’ counsel and requested
discovery be provided by November 9, 2018. No responses
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had been received as of November 12, 2018, and
defendant’s counsel emailed plaintiffs’ counsel regarding
the outstanding discovery. As of the fling of defendant’s
motion on November 13, 2018, no responses had been
received.

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Defendant seeks an order compelling verified responses as
well as $390.00 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Doc. 45

Motion to Compel Plaintiff Aaron Standish Mathisen’s
Responses to Requests for Production, Set One

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On August 31, 2018, defendant served plaintiff Mathisen
with requests for production, set one. Plaintiff did not
serve responses or seek additional time prior to the due date
of October 4, 2018. On November 1, 2018, defendant’s
counsel contacted plaintiffs’ counsel and requested
discovery be provided by November 9, 2018. No responses
had been received as of November 12, 2018, and
defendant’s counsel emailed plaintiffs’ counsel regarding
the outstanding discovery. As of the fling of defendant’s
motion on November 13, 2018, no responses had been
received.

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Defendant seeks an order compelling verified responses as
well as $390.00 in reasonable attorney’s fees and costs
associated with bringing the motion.

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Based on the declarations of defendant’s counsel supporting the motions outlined

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above, given plaintiff’s failure to oppose the motions, and good cause appearing therefor,

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defendant’s motions are granted. Plaintiffs shall provide verified responses to the discovery

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requests outlined above on or before December 14, 2018. Such responses shall be without

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objection, objections having been waived by plaintiffs’ failure to serve timely responses. The

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court further orders plaintiffs’ verifications each be notarized. Plaintiff John Alderton shall

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appear for his deposition on or before December 14, 2018.

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The court further awards $5,827.20 in reasonable attorney’s fees and costs. Plaintiffs are

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cautioned that failure to fully comply with this order may be grounds for terminating and/or other

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sanctions.

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IT IS SO ORDERED.

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Dated: December 6, 2018
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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