Wixon et al v. Wyndham Resort Development Corp., et al

Filing 241

ORDER COMPELLING FURTHER DISCOVERY by Magistrate Judge Bernard Zimmerman granting #230 Motion to Compel (bzsec, COURT STAFF) (Filed on 4/15/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. WYNDHAM RESORT DEVELOPMENT CORP., et al., Defendant(s). CLARKE and REBECCA WIXON, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 07-2361 JSW (BZ) ORDER COMPELLING FURTHER DISCOVERY

Defendant Wyndham Resort Development Corporation ("defendant") has moved to compel plaintiffs to respond to eight interrogatories. Having read all the papers submitted,

I find no need for argument. IT IS ORDERED that defendant's motion to compel is GRANTED as follows: 1. Plaintiffs' objections to Interrogatories 7, 9, 10, Each

and 11 as overbroad and premature are SUSTAINED in part.

of these interrogatories is in reality three interrogatories. One seeks facts, another seeks the identity of witnesses and the third seeks the identity of documents. Defendant is

entitled at this stage of the litigation to learn the facts 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

which underpin plaintiffs' case so it can brief the issue of whether these facts are susceptible to class treatment. therefore ORDERED that plaintiffs shall answer the first portion of each of these disputed interrogatories by April 29, 2009. Plaintiffs shall answer the remainder of these It is

interrogatories within 60 days of the class certification ruling. I find that at this stage of the litigation, the

burden and expense involved in ascertaining this information on short notice outweighs the likely benefit of the information to defendant's opposition to plaintiffs' motion for class certification. 26(b)(2)(C)(iii). 2. Plaintiffs' objections to Interrogatories 5, 12, 13, These are timely and relevant to such See Federal Rule of Civil Procedure

and 14 are OVERRULED.

issues as the existence of common questions of law and fact, typicality of claims, and the representatives' ability to represent class. See Oppenheimer Fund, Inc. v. Sanders, 437 Plaintiffs shall answer these

U.S. 340, 351 (1978).

interrogatories by April 29, 2009. Dated: April 15, 2009 Bernard Zimmerman United States Magistrate Judge

G:\BZALL\-REFS\WIXON V. TRENDWEST\ORDER ON WRDC'S MOT TO COMPEL.BZ VERSION.wpd

2