Alta Bates Summit Medical Center v. United of Omaha Life Insurance Company et al

Filing 111

ORDER by Magistrate Judge Elizabeth D. Laporte denying 92 Motion for Sanctions (edllc2, COURT STAFF) (Filed on 11/19/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. UNITED OF OMAHA LIFE INSURANCE COMPANY, Defendant. / ALTA BATES SUMMIT MEDICAL CENTER, Plaintiff, No. C-07-04224 JSW (EDL) ORDER DENYING PLAINTIFF'S MOTION FOR SANCTIONS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Before the Court is Plaintiff's Motion for Sanctions pursuant to Federal Rule of Civil Procedure 37(a)(5) based on the motion practice Plaintiff engaged in to obtain case management files and exception logs from Defendants. Plaintiff seeks an award of fees of almost $100,000 and argues that an award of fees are mandatory in this case pursuant to Rule 37(a)(5)(A). However, the Court did not grant Plaintiff's discovery motions in full as required under Rule 37(a)(5)(A) for a mandatory sanctions award, and instead granted in part the relief Plaintiff sought. Therefore, Rule 37(a)(5)(C) applies, and fees are apportioned between the parties as the Court deems just. Based on the record in this case involving discovery, the Court concludes that the just result is for both sides to bear their own fees. Even if Rule 37(a)(5)(A) applies, the Court concludes that Defendants' positions with respect to Plaintiff's discovery requests were substantially justified. See Fed. R. Civ. P. 37(a)(5)(A)(ii). There has been no showing that Defendants took unreasonable positions or acted to obstruct discovery. Moreover, for these reasons, an award of sanctions would also be unjust pursuant to Rule

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

37(a)(5)(A)(iii). Under either subsection of Rule 37(a)(5), Plaintiff's Motion for Sanctions is denied. IT IS SO ORDERED. Dated: November 18, 2008 ELIZABETH D. LAPORTE United States Magistrate Judge

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