General Employees Trust Fund and Board of Trustees of General Employees Trust Fund v. Hermes

Filing 44

ORDER by Magistrate Judge Nathanael M. Cousins GRANTING MOTION BY RESPONDENT YUL HERMES FOR ISSUANCE OF ORDER SETTING SEQUENCE AND SCOPE OF INITIAL DISCLOSURES, IF ANY Re: Dkt. No. 32 (nclc2, COURT STAFF) (Filed on 2/19/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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9 GENERAL EMPLOYEES TRUST FUND
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and BOARD OF TRUSTEES OF
GENERAL EMPLOYEES TRUST FUND,

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Petitioners,
v.

13 YUL HERMES, an individual,
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Case No. 14-cv-04054 NC
ORDER GRANTING MOTION BY
RESPONDENT YUL HERMES
FOR ISSUANCE OF ORDER
SETTING SEQUENCE AND
SCOPE OF INITIAL
DISCLOSURES, IF ANY
Re: Dkt. No. 32

Respondent.

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This is an action brought under § 301 of the Labor Management Relations Act, as

17 amended, 29 U.S.C. § 185, to enforce an arbitration award against respondent Yul Hermes
18 on an alter ego theory. Dkt. No. 1. Hermes now moves for an order that the action is
19 exempt from the initial disclosure requirements of Federal Rule of Civil Procedure
20 26(a)(1)(A), or in the alternative, for an order altering the sequence and scope of Hermes’s
21 initial disclosures. Dkt. No. 32. Petitioners oppose the motion. Dkt. No. 40. The Court
22 finds the motion suitable for resolution without oral argument, see Civ. L.R. 7-1(b), and
23 GRANTS the motion as follows:
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The Court finds that this action is exempt from initial disclosures under Federal Rule

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of Civil Procedure 26(a)(1)(B)(ix). However, the Court has not stayed discovery and

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nothing in this order prevents the parties from proceeding with discovery.

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In his motion, Hermes asserts that petitioners have improperly refused to respond to
discovery requests propounded by Hermes on the basis of the pendency of this motion.
Case No. 14-cv-04054 NC
ORDER RE: INITIAL DISCLOSURES

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Dkt. No 32, 42. The parties are remind that, as set forth in the undersi
os.
T
ded
igned Magi
istrate

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Judge’s civil standi order, discovery di
ing
d
isputes mus be presen to the C
st
nted
Court by fil
ling a

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joint sta
atement of five pages or less. Prio to the fili of such a statemen the partie must
f
o
or
ing
nt,
es

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meet an confer to attempt to resolve the dispute.
nd
eir

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IT IS SO OR
T
RDERED.

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Date: Februa 19, 2015
ary
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__________
__________
____
____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 14-cv-0405 NC
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ORDER RE: INITIA DISCLO
R
AL
OSURES

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