Advanced Microtherm, Inc. v. Norman Wright Mechanical Equipment Corporation et al

Filing 1302

INTERIM ORDER re 1219 Continuing Hearing on Defendant F.W. Spencer & Son, Inc.'s Motion to Compel Plaintiff Advanced Microtherm, Inc. to Compel Plaintiff Advanced Microtherm to Provide Further Responses to Special Interrogatories 1-16; and Denying Request for Sanctions. Signed by Judge Patricia V. Trumbull on 2/26/10. (pvtlc1) (Filed on 2/26/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADVANCED MICROTHERM, INC., et al., ) ) Plaintiffs, ) ) v. ) ) NORMAN WRIGHT MECHANICAL ) EQUIP. CORP., et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 04-2266 JW (PVT) INTERIM ORDER CONTINUING HEA R IN G ON DEFENDANT F.W. SPENCER & SON, INC.'S MOTION TO COMPEL PLA INT IFF ADVANCED MICROTHERM, INC. T O COMPEL PLAINTIFF ADVANCED MIC R O TH ER M TO PROVIDE FURTHER RESPO N SES TO SPECIAL IN TE R R O G A TO R IES 1-16; AND DENYING REQ U EST FOR SANCTIONS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

On December 30, 2009, Defendant F.W. Spencer & Son, Inc. ("Spencer") filed a Motion to Compel Plaintiff Advanced Microtherm, Inc. to Provide Further Responses to Special Interrogatories 1-16 and Request for Sanctions. Plaintiffs opposed the motion. Having reviewed the papers submitted by the parties, the court finds it appropriate to issue this interim order. Based on the moving, opposition and reply papers, and the file herein, IT IS HEREBY ORDERED that Spencer's motion to compel further responses to interrogatories is CONTINUED to March 23, 2010. Many of Defendant Spencer's complaints about Plaintiff's responses to interrogatories are similar to Defendant Norman Wright's complaints about Plaintiff's responses to interrogatories. The court finds that judicial economy will best be served by deferring hearing on Defendant Spencer's motion to compel until after hearing and ruling on Defendant Norman Wright's motion to compel, and an opportunity for Plaintiff and Spencer to meet OR D E R, page 1

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and confer to narrow their dispute in light of the court's rulings on Defendant Norman Wright's motion. IT IS FURTHER ORDERED that, no later than March 17, 2010, Plaintiff and Defendant Spencer shall file a joint, or separate, brief(s) setting forth what issues remain in dispute for the March 23, 2010 hearing. IT IS FURTHER ORDERED that Spencer's request for sanctions is DENIED. See CIVIL L.R. 7-8(a). Dated: 2/26/10 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2