Sims v. WorldPac, Inc.
Filing
39
Order by Magistrate Judge Nathanael M. Cousins granting in part and denying in part 32 Motion to Compel. (nclc1S, COURT STAFF) (Filed on 6/19/2013)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
SAN FRANCISCO DIVISION
10
11 STEVE SIMS,
12
Case No. 12-cv-05275 JSW (NC)
Plaintiff,
13
v.
14 WORLDPAC, INC.,
15
ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO
COMPEL
Re: Dkt. No. 32
Defendant.
16
Plaintiff Steve Sims moved to compel defendant WorldPac, Inc. to respond to two
17
18 interrogatories and a request for production of documents. WorldPac opposed the discovery
19 as overbroad, irrelevant, and seeking privileged documents. The Court held a hearing on
20 June 19, 2013 and ruled from the bench. This order summarizes the ruling.
21
The Court GRANTS Sims’ motion to compel WorldPac’s responses to his
22
interrogatories with respect to Thomas Klutzz and Walt Phillips, finding
23
Klutzz and Phillips similarly situated to Sims in that they were approximately
24
the same age when terminated and terminated by the same WorldPac
25
employee. The Court DENIES the motion to compel responses regarding
26
branch managers and associate branch managers because Sims has failed to
27
show that those positions are relevant to his claims.
28 //
Case No. 12-cv-05275 JSW (NC)
ORDER RE: MOTION TO COMPEL
1
The Court DENIES Sims’ motion to compel the production of documents
2
related to the Ganda settlement because Sims has not shown that the requested
3
discovery is relevant to his claims.
4
The parties must meet and confer further, and, if they still seek fees and costs
5
in bringing and defending against this motion, file a joint letter brief within
6
fourteen days, in accordance with my standing order, regarding their respective
7
positions on the apportionment of costs and fees under Federal Rule of Civil
8
Procedure 37(a)(5)(C).
9
Any party may object to this order within fourteen days. Fed. R. Civ. P. 72(a).
10
IT IS SO ORDERED.
11
Date: June 19, 2013
_________________________
Nathanael M. Cousins
United States Magistrate Judge
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 12-cv-05275 JSW (NC)
ORDER RE: MOTION TO COMPEL
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?