Brown v. Takeuchi Mfg. Co. (U.S.) , et al.,

Filing 81

ORDER signed by Magistrate Judge Dennis M. Cota on 1/17/2023 VACATING Motion hearing for 1/18/2023 in Redding, CA. DENIED as MOOT 78 , 79 Request for remote appearance. GRANTING 74 Unopposed Motion to Compel. Plaintiff shall serve responses to D efendant's requests for production of documents, set one, and special interrogatories, set one, within 30 days of the date of this order. Within 7 days of the date of this order, Defendant shall file a declaration as to reasonable expenses associated with its motion, and Plaintiff may file a response to Defendant's declaration as to reasonable expenses within 7 days of service of Defendant's declaration. (Reader, L)

Case 2:21-cv-00392-JAM-DMC Document 81 Filed 01/17/23 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN BROWN,

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No. 2:21-CV-0392-JAM-DMC
Plaintiff,

v.

ORDER

TAKEUCHI MFG. CO. (U.S.), LTD., et
al.,
Defendants.

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Plaintiff, who is proceeding with retained counsel, brings this civil action.
Pending before the Court is Defendant Takeuchi Mfg. Co. (U.S.), Ltd.’s motion to compel
discovery responses from Plaintiff. See ECF No. 74.
The matter has been noticed for a hearing before the undersigned in Redding,
California, on January 18, 2023, at 10:00 a.m., pursuant to Eastern District of California Local
Rule 251(e), which permits a discovery motion to be heard on 14 days’ notice if, as here, the
dispute involves a “complete and total failure to respond to a discovery request or order.” Under
Local Rule 251(e), Plaintiff’s opposition was due no later than seven days before the scheduled
hearing, or by January 11, 2023. To date, Plaintiff has not filed an opposition. Given Plaintiff’s
failure to oppose Defendant’s motion, the Court will vacate the January 18, 2023, hearing and
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Case 2:21-cv-00392-JAM-DMC Document 81 Filed 01/17/23 Page 2 of 2
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rule herein on Defendant’s motion.
Here, it is unchallenged that Defendant served discovery requests, specifically

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requests for production of documents, set one, and special interrogatories, set one, on October 14,

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2022. See ECF No. 74-2, pg. 2. It is also undisputed that, despite defense counsel’s meet-and-

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confer efforts, Plaintiff had not served responses as of December 29, 2022 – the date Defendant

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originally filed its motion to compel. Pursuant to Eastern District of California Local Rule

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230(c), (l), the Court construes Plaintiff’s failure to oppose Defendant’s motion as consent to the

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relief requested. Accordingly, the Court will grant Defendant’s unopposed motion to compel and

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order Plaintiff to provide discovery responses within 30 days. Upon submission of a declaration

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regarding reasonable expenses, the Court will also award to Defendant reasonable expenses

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pursuant to Federal Rule of Civil Procedure 37(a)(5)(A).

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Plaintiff is cautioned that failure to comply with this order may result in
terminating sanctions under Federal Rule of Civil Procedure 37(b)(2)(A).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The hearing scheduled for January 18, 2023, before the undersigned in

Redding, California, at 10:00 a.m. is vacated;
2.

The pending requests for remote appearance, ECF Nos. 78 and 79, are

denied as moot;

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3.

Defendant’s unopposed motion to compel, ECF No. 74, is granted;

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4.

Plaintiff shall serve responses to Defendant’s requests for production of

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documents, set one, and special interrogatories, set one, within 30 days of the date of this order;
5.

Within seven days of the date of this order, Defendant shall file a

declaration as to reasonable expenses associated with its motion; and
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Plaintiff may file a response to Defendant’s declaration as to reasonable

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expenses within seven days of service of Defendant’s declaration.

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Dated: January 17, 2023

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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