Dollar Tree Stores, Inc. v. Toyama Partners, LLC et al

Filing 340

ORDER re 321 Letter Brief filed by Dollar Tree Stores, Inc. Signed by Magistrate Judge Nandor J. Vadas on 10/27/2011. (njvlc2, COURT STAFF) (Filed on 10/27/2011)

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1 2 3 NOT FOR CITATION 4 5 IN THE UNITED STATES DISTRICT COURT 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 EUREKA DIVISION 9 United States District Court For the Northern District of California 10 11 12 13 14 No. CV 10-0325 SI (NJV) DOLLAR TREE STORES, INC., ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL RESPONSES TO REQUESTS FOR ADMISSIONS Plaintiff, v. (Doc. No. 321) TOYAMA PARTNERS LLC, et al., Defendants. / 15 16 17 18 The district court has referred the parties’ discovery motions and all future discovery matters to this Court for determination. Doc. Nos. 202, 248. Plaintiff asks this Court to compel Defendants to provide further responses to four requests 19 for admission. See Doc. No. 321. Defendants argue the requests are improper for a number of 20 reasons. Doc. No. 327. The Court disagrees and orders Defendants to supplement their responses to 21 Requests for Admission (“RFAs”) Nos. 8 through 11. Defendants have a duty to undertake a good 22 faith investigation of sources reasonably available to them when responding to discovery. 23 Defendants thus can review correspondence between their counsel and Plaintiff’s counsel (which is 24 not privileged, and which is under their control) which documents the conversations and events at 25 issue in RFAs 8 and 9. Defendants can review similar correspondence, production cover letters, or 26 production logs to respond to RFAs 10 and 11. 27 28 1 2 If after their good faith investigation they remain unable to admit or deny the requests, they can respond that they lack information or belief. 3 4 IT IS SO ORDERED 5 Dated: October 27, 2011 6 NANDOR J. VADAS United States Magistrate Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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