NewPark Mall LLC v. CRGE Newpark Mall, LLC et al

Filing 45

Discovery Order re 42 Letter and 37 Motion to Compel Production of Documents filed by Plaintiff NewPark Mall LLC. Defendants are ORDERED to produce all responsive documents, without objections, by November 12, 2015. Signed by Judge Maria-Elena James on 11/5/2015. (cdnS, COURT STAFF) (Filed on 11/5/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NEWPARK MALL LLC,

Case No. 15-cv-00817-PJH (MEJ)

Plaintiff,
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DISCOVERY ORDER

v.

Re: Dkt. Nos. 37, 42

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CRGE NEWPARK MALL, LLC, et al.,
Defendants.

United States District Court
Northern District of California

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On November 5, 2015, the Court held a telephonic discovery conference in this case

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regarding Plaintiff Newpark Mall LLC’s request for production of documents, served on

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September 8, 2015. See Dkt. Nos. 37, 42. Michael Lane appeared on behalf of Plaintiff, and

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Brent Randall Phillips appeared on behalf of Defendants CRGE Newpark Mall, LLC and

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Boomtown Entertainment, LLC. Discovery is set to close on November 27, 2015. At the hearing,

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Mr. Lane noted Defendants have failed to comply with their obligations under Federal Rule of

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Civil Procedure 34 because they have yet to respond to Plaintiff’s document requests, which has in

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turn frustrated Plaintiff’s attempt to schedule a Rule 30(b)(6) deposition before the November 27,

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2015 discovery deadline. See Dkt. No. 34. At the same time, Mr. Phillips stated he is “at a loss”

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because he has been unable to communicate with his clients as they are “out of business.” Mr.

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Phillips stated he has done all he is able to do to obtain the documents from his clients, but he is

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unable to provide any further information. Mr. Phillips noted he has also filed a Motion to

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Withdraw as Counsel of Record for Defendants, which is scheduled for hearing before the

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presiding judge, the Honorable Phyllis J. Hamilton, on December 2, 2015. See Dkt. 41.

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Federal Rule of Civil Procedure 26 provides that a party may obtain discovery “regarding
any nonprivileged matter that is relevant to any party’s claim or defense.” Fed. R. Civ. P.

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26(b)(1). Any party served with a request for production of documents under Rule 34 “must

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respond in writing within thirty days after being served.” Fed. R. Civ. P. 34(b)(2)(A). “It is well

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established that a failure to object to discovery requests within the time required constitutes a

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waiver of any objection.” Richmark Corp. v. Timber Falling Consultants, 959 F.2d 1468, 1473

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(9th Cir. 1992).

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As Defendants’ failure to provide any responsive documents or objections is unjustified

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under Rule 34, the Court ORDERS Defendants to produce all responsive documents, without

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objections, by November 12, 2015. If Defendants fail to respond, Plaintiff shall file a motion for

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terminating sanctions under Rule 37(b)(2)(A) before the presiding judge.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: November 5, 2015
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MARIA-ELENA JAMES
United States Magistrate Judge

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