Gardias v. The California State University, San Jose State University

Filing 50

ORDER by Magistrate Judge Howard R. Lloyd denying 33 and 36 plaintiff's Motions to Compel. 1/19/2010 hearing is vacated. (hrllc2, COURT STAFF) (Filed on 1/13/2010)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PIOTR J. GARDIAS, Plaintiff, v. THE CALIFORNIA STATE UNIVERSITY, SAN JOSE STATE UNIVERSITY, Defendant. / No. C09-02090 HRL ORDER DENYING PLAINTIFF'S MOTIONS TO COMPEL [Re: Docket Nos. 33, 36] *E-FILED 01-13-2010*

United States District Court

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For the Northern District of California

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Pro se plaintiff Piotr Gardias moves to compel discovery. Defendant opposes the motions. The matter is deemed appropriate for determination without oral argument, and the January 19, 2010 hearing is vacated. See CIV. L.R. 7-1(b). Upon consideration of the moving and responding papers, the court rules as follows: 1. Plaintiff's motion to compel discovery as to defendant's statements re claims that

defendant contends have been adjudicated is denied. 2. Plaintiff's motion to compel the production of his personnel files and University

EEO files is denied as moot. The record presented indicates that plaintiff may already have these documents in his possession, custody, or control. Additionally, defendant has never refused to produce these documents and remains willing to make them available for plaintiff's

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inspection and copying.1 To the extent Gardias seeks defense counsel's input as to the relevance of documents to the instant action, such information is protected attorney work product, and plaintiff's motion is denied. 3. Plaintiff's motion to compel interrogatory responses disclosing the national

origins of Adam Bayer and Daryn Adams is denied. The requested information is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 4. Plaintiff's motion to compel the production of Bayer's and Adams' school

transcripts and employment records is denied. The requested information is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 5. Plaintiff's motion for sanctions against defense counsel is denied. Having

United States District Court

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For the Northern District of California

reviewed the record presented, the court finds that no sanctions are warranted. SO ORDERED. Dated: January 13, 2010 ________________________________ HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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The court assumes the documents are available in San Jose and that, if plaintiff desires copies, defendant will cooperate in providing for copying at modest per page cost to plaintiff.
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5:09-cv-02090-HRL Notice has been electronically mailed to: Mary Susan Cain-Simon: [e-mail], [e-mail], [e-mail] Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program. 5:09-cv-02090-HRL Notice mailed to: Piotr J. Gardias 72 Floyd St. San Jose, CA 95110

United States District Court

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For the Northern District of California

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