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)

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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

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