Dominguez et al v. Excel Manufacturing Co Inc

Filing 52

ORDER by Judge Laporte granting in part and denying in part 39 Motion to Compel (edllc1, COURT STAFF) (Filed on 9/21/2010)

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Dominguez et al v. Excel Manufacturing Co Inc Doc. 52 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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JUAN and JUANA DOMINGUEZ, Plaintiff, v. EXCEL MANUFACTURING, INC., Defendant. / This is a personal injury action against a machine manufacturer relating to injuries sustained by Plaintiff during his use of a "horizontal baler" machine" in the course of his employment. Fact discovery closed on August 10, 2010. On August 17, 2010, the last day to file the motion under Local Rule 26-2, Plaintiff filed a motion to compel relating to his request for production of documents. For the reasons stated during oral argument, Plaintiff's Motion is GRANTED IN PART and DENIED IN PART. Defendant is hereby Ordered to provide a declaration of the person most knowledgeable with respect to Defendant's search efforts regarding safety labels, and the parties are Ordered to further meet and confer on this issue. With respect to requests 5 and 10, Defendant's objection that the information is equally available to Plaintiff is overruled. Defendant is Ordered to produce documents responsive to these requests that are within its custody or control. IT IS SO ORDERED. Dated: September 21, 2010 ELIZABETH D. LAPORTE United States Magistrate Judge No. 09-3611 EDL ORDER GRANTING IN PART AND DENYING IN PART MOTION TO COMPEL Dockets.Justia.com

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