JW Gaming Development, LLC v. James et al

Filing 385

SECOND ORDER RE: ENFORCEMENT OF PRIOR DISCOVERY ORDER. Signed by Judge Robert M. Illman on 07/29/2021. (rmilc2S, COURT STAFF) (Filed on 7/29/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 3:18-cv-02669-WHO Document 385 Filed 07/29/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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JW GAMING DEVELOPMENT, LLC,

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Plaintiff,

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United States District Court
Northern District of California

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v.
ANGELA JAMES, et al.,
Defendants.

Case No. 18-cv-02669-WHO (RMI)
SECOND ORDER RE:
ENFORCEMENT OF PRIOR
DISCOVERY ORDER
Re: Dkt. Nos. 383, 384

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On June 11, 2021, the undersigned entered an order (dkt. 357) granting Plaintiff’s motion

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to compel certain discovery. The original deadline for compliance was June 16, 2021, and for

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various reasons, Defendant Pinoleville Pomo Nation (“PPN”) has yet to comply with that order

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and tender the discovery in question. Most recently, based on a joint representation (see dkts. 378,

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379) that the parties were working towards a negotiated settlement of the outstanding issues in this

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litigation, the court moved the latest iteration of PPN’s deadline for compliance to July 28, 2021

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(see dkt. 379). On that date, which has now come and gone, the parties had neither completed their

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settlement negotiations, nor had PPN tendered the discovery in question. See Notices (dkts. 383,

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384). Instead, PPN now contends that “settlement negotiations are on track and that a settlement

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will be reached within the next four business days.” See Notice (dkt. 384) at 3. The court will

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construe PPN’s Notice as a request for an extension of another four business days to the deadline

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for producing the discovery in question, and subject to the following conditions, that request is

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GRANTED. In light of PPN’s expectation that the remaining issues in this case will be resolved

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on or before Wednesday, August 4, 2021, the court will now adjust the deadline for producing the

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discovery in question to 12:00 noon on Thursday, August 5, 2021; however, no further extensions

Case 3:18-cv-02669-WHO Document 385 Filed 07/29/21 Page 2 of 2

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will be granted.
The court will admonish PPN that during the time between now and August 5, 2021, PPN
should undertake whatever efforts may be necessary to gather the documents in question, and to

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prepare the interrogatory responses in question, such that if the parties are unable to settle the

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remainder of their disputes between now and August 4th, the discovery in question can, and will,

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be tendered on or before 12:00 noon on August 5, 2021. This is the final time that the undersigned

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will modify this deadline or entertain any excuses for non-compliance. If the remaining issues in

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this case are not settled by August 4th, and the discovery in question is not tendered by 12:00 noon

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on August 5, 2021, the court will promptly arrange a show cause hearing for the determination and

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imposition of coercive sanctions in the nature of a daily fine that will begin to accrue on August 5,

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United States District Court
Northern District of California

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2021, until such time as PPN finally complies with the court’s previous orders regarding the

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discovery in question.

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IT IS SO ORDERED.
Dated: July 29, 2021

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ROBERT M. ILLMAN
United States Magistrate Judge

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