Cornerstone Staffing Solutions, Inc. v. James et al

Filing 247

ORDER GRANTING re 246 Letter (Motion to Compel) filed by Andre Douzdjian. Plaintiff shall fully answer interrogatories 3-4 and 7-12 within ten days of the date of this Order. Signed by Judge Joseph C. Spero on 12/4/13. (klhS, COURT STAFF) (Filed on 12/5/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CORNERSTONE STAFFING
SOLUTIONS, INC.,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 12-cv-01527-RS (JCS)
ORDER GRANTING MOTION TO
COMPEL

v.
LARRY THAXTER JAMES, et al.,

Re: Dkt. No. 246

Defendants.

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Plaintiff Cornerstone Staffing Solutions, Inc. (“Plaintiff”) and Defendant Doudzjian

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(“Defendant”) filed a joint letter dated November 27, 2013 (but filed on December 3, 2013) by

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which Defendant seeks to compel substantive answers to its interrogatories nos. 3-4, and 7-12.

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Plaintiff argues that these interrogatories relate to the claims against a different defendant (who

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has already used up his 25 interrogatories) and therefore are improper. Rule 26 allows parties to

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obtain discovery “regarding any non-privileged matter that is relevant to any party’s claim or

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defense. . . .” Fed. R. Civ. P. 26(b)(1) (emphasis added). It is therefore proper for one party to

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propound interrogatories about the claims against another party. It also makes sense: part of

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litigating (and settling) as case is based on an evaluation of the claims against co-defendants.

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Moreover, where, as here, one defendant choses to use some of its limited interrogatories to ask

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about the case against a co-defendant, the plaintiff gets a benefit: the asking defendant has fewer

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interrogatories left to use.

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Accordingly, the Motion is GRANTED. Plaintiff shall fully answer interrogatories 3-4
and 7-12 within ten (10) days of the date of this Order.

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IT IS SO ORDERED.
Dated: December 4, 2013
_________________________
JOSEPH C. SPERO
United States Magistrate Judge

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United States District Court
Northern District of California

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