Swanson v. Alza Corporation

Filing 169

ORDER by Judge Kandis A. Westmore regarding 165 Joint Discovery Letter Brief No. 7. (kawlc1, COURT STAFF) (Filed on 5/28/2014)

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United States District Court
Northern District of California

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DR. JAMES M. SWANSON,
Plaintiffs,

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v.
ALZA CORPORATION,

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Case No.: CV 12-04579-PJH (KAW)
ORDER REGARDING JOINT DISCOVERY
LETTER NO. 7
(Dkt. No. 165)

Defendants.

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United States District Court
Northern District of California

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On May 2, 2014, the parties filed six joint letters addressing various discovery disputes,
including Joint Letter No. 7, which pertains to Plaintiff’s request to limit the number of Requests
for Admission (RFA) each party can serve in this litigation. (Dkt. No. 165.)
The Federal Rules of Civil Procedure do not limit the number of RFAs a party may
propound. The Court recognizes that some of the additional RFAs Defendant ALZA has served
were due to Plaintiff’s objection over the definition of “You.” Accordingly, the Court will not
limit the number of RFAs at this time, but if the use of this discovery device becomes abuse, the
Court reserves the ability to impose such limitations.
Plaintiff is reminded that he has a continued duty to supplement all of his responses under
the Federal Rules to ensure their accuracy. Likewise, there is no need for Defendant to request
further supplementation nor request that Plaintiff respond absent specific and legitimate
objections.
IT IS SO ORDERED.
Dated: May 28, 2014

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KANDIS A. WESTMORE
United States Magistrate Judge