Lenkner et al v. County of Tehama

Filing 61

ORDER signed by Magistrate Judge Dennis M. Cota on 1/18/19 DENYING 49 , 50 , 54 , 55 , 56 , and 57 Motions for Terminating Sanctions as moot and DENYING defendant's request for reasonable expenses under Federal Rule of Civil Procedure 37(a)(5)(A) as to plaintiffs Bilton Family Revocable Trust, Robert Lenkner, Aaron Standish Mathisen, Elizabeth Merry, Connie Bilton, and Randolph Bilton. (Coll, A)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KEN ZIU THANG, et al.,

12

Plaintiffs,

13
14

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

v.

ORDER

COUNTY OF TEHAMA,

15

Defendant.

16
Plaintiffs, who are proceeding with retained counsel, bring this civil action.

17
18

Pending before the court are defendant’s motions for terminating sanctions as to plaintiffs Bilton

19

Family Revocable Trust (Doc. 49), Randolph Bilton (Doc. 50), Ken Ziu Thang (Doc. 51),

20

Shannon Saetern (Doc. 52), John Alderton (Doc. 53), Connie Bilton (Doc. 54), Robert Lenkner

21

(Doc. 55), Aaron Standish Mathisen (Doc. 56), and Elizabeth Merry (Doc. 57). Pursuant to the

22

stipulated order for voluntary dismissal of plaintiffs Bilton Family Revocable Trust, Robert

23

Lenkner, Aaron Standish Mathisen, Elizabeth Merry, Connie Bilton, and Randolph Bilton (Doc.

24

59), defendant’s motions as to those plaintiffs (Docs. 49, 50, 54, 55, 56, and 57) are denied as

25

moot. The motions as to plaintiffs Saetern, Thang, and Alderton (Docs. 51, 52, and 53) remain on

26

calendar for hearing before the undersigned in Redding, California, on January 30, 2019, at 10:00

27

a.m.

28

///
1

With respect to defendant’s requests for an award of reasonable expenses under

1
2

Federal Rule of Civil Procedure 37(a)(5)(A) as to the motions being dismissed as moot, the

3

requests are denied. Defendant’s motions seek terminating sanctions under Rule 37(b)(2) based

4

on plaintiffs’ failure to comply with the court’s December 7, 2018, order. Expenses under Rule

5

37(a)(5)(A) are awarded to parties who prevail on a motion to compel discovery responses, not on

6

a motion based on non-compliance with a discovery order. Defendant has already been awarded

7

prevailing party expenses under Rule 37(a)(5)(A) and, given the voluntary dismissal of some of

8

the plaintiffs alleged to have failed to comply with the court’s December 7, 2018, order,

9

defendant has obtained the relief it seeks as to such plaintiffs in terms of terminating sanctions

10

under Rule 37(b)(2). A further award of reasonable expenses under Rule 37(a)(5)(A) is not

11

warranted.

12

Accordingly, IT IS HEREBY ORDERED that;

13

1.

Defendant’s motions for terminating sanctions as to plaintiffs Bilton

14

Family Revocable Trust, Robert Lenkner, Aaron Standish Mathisen, Elizabeth Merry, Connie

15

Bilton, and Randolph Bilton (Docs. 49, 50, 54, 55, 56, and 57) are denied as moot; and

16

2.

Defendant’s request for reasonable expenses under Federal Rule of Civil

17

Procedure 37(a)(5)(A) as to plaintiffs Bilton Family Revocable Trust, Robert Lenkner, Aaron

18

Standish Mathisen, Elizabeth Merry, Connie Bilton, and Randolph Bilton are denied.

19
20
21

Dated: January 18, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28
2