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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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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United States District Court
For the Northern District of California

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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.

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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

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for admission. See Doc. No. 321. Defendants argue the requests are improper for a number of

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reasons. Doc. No. 327. The Court disagrees and orders Defendants to supplement their responses to

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Requests for Admission (“RFAs”) Nos. 8 through 11. Defendants have a duty to undertake a good

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faith investigation of sources reasonably available to them when responding to discovery.

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Defendants thus can review correspondence between their counsel and Plaintiff’s counsel (which is

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not privileged, and which is under their control) which documents the conversations and events at

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issue in RFAs 8 and 9. Defendants can review similar correspondence, production cover letters, or

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production logs to respond to RFAs 10 and 11.

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If after their good faith investigation they remain unable to admit or deny the requests, they
can respond that they lack information or belief.

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IT IS SO ORDERED

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Dated: October 27, 2011
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NANDOR J. VADAS
United States Magistrate Judge

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United States District Court
For the Northern District of California

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