Pajas et al v. County of Monterey et al

Filing 103

FURTHER ORDER ON PLAINTIFFS' MOTION TO COMPEL, re 96 . Signed by Judge Susan van Keulen on 2/14/2017. (ofr, COURT STAFF) (Filed on 2/14/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARK VASQUEZ PAJAS, et al.,

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Plaintiffs,

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FURTHER ORDER ON PLAINTIFFS'
MOTION TO COMPEL

v.

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COUNTY OF MONTEREY, et al.,

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Re: Dkt. No. 96

Defendants.

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United States District Court
Northern District of California

Case No.16-cv-00945-BLF (SVK)

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Following hearings on Plaintiffs’ Motion to Compel on January 31, 2017, February 7,

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2017, and February 14, 2017, the Court finds that defendant California Forensic Medical Group

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(“CFMG”) has failed to comply with this Court’s February 7, 2017 Order (Dkt. No. 96). In light

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of CFMG’s noncompliance and the impending close of discovery on March 31, 2017 (Dkt. No.

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83) CFMG is further ordered as set forth below.
1.

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Counsel for CFMG shall inform General Counsel of CFMG, Benjamin Rice, and

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“LibertySync,”1 the third party vendor employed by CFMG for ESI production purposes in this

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action, of the proceedings today and explain that compliance with the Court’s order is a top

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priority. LibertySync shall produce all documents and ESI responsive to the Court’s February 7,

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2017 Order to CFMG and its counsel by 12:00 p.m. PST on Wednesday, February 15, 2017. (See

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Dkt. No. 96.) CFMG must be prepared to produce responsive documents and a privilege log, to

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the extent one is necessary, to Plaintiffs by 12:00 p.m. PST on Friday, February 17, 2017. CFMG

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shall also produce the previously-ordered declaration of the employee or independent contractor

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Counsel for CFMG identified CFMG’s third party vendor as LibertySync. The Court is unable
to verify this identity, although has identified Liberty Technical Solutions, Inc., located in
Missouri. For purposes of this Order, the Court will refer to LibertySync to mean CFMG’s third
party ESI vendor.

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with knowledge of CFMG computer systems who executes the searches to Plaintiffs and the Court

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by 12:00 p.m. PST on Wednesday, February 15, 2017. (See Dkt. No. 96.)

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If LibertySync is unable to produce the documents by Wednesday at 12:00 p.m.

PST, CFMG shall immediately retain a new vendor that is able to comply with the court.
3.

On Thursday, February 16, 2017, the parties are ordered to appear before the Court

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at 10:00 a.m. PST. Mr. Rice, General Counsel for CFMG, shall be present at the hearing. CFMG

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and Mr. Rice shall be prepared to update the Court on its efforts to ensure compliance with the

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Court’s orders. If documents and the declaration were not produced by “LibertySync,” CFMG

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shall be prepared to inform the Court of its new vendor and its ability to comply with the Court’s

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United States District Court
Northern District of California

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order as set forth above.
4.

At the hearing on Thursday, February 16, 2017, CFMG shall produce a declaration

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to Plaintiff and the Court regarding responses to RFP Nos. 15, 35-39, as referenced in the Court’s

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February 7, 2017 Order. (Dkt. No. 96 at 1.) The declaration shall state that the deaths referenced

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both in the RFPs and in the public documents referenced by Plaintiff at the hearing have been

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investigated and all responsive documents have been produced or that the deaths have been

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investigated and documents do not exist.

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If CFMG continues to fail to comply with the Court’s orders, monetary sanctions will be

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imposed sua sponte and/or by Plaintiffs’ motion, including a fine to be imposed for each day of

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noncompliance.

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SO ORDERED.

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Dated: February 14, 2017

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SUSAN VAN KEULEN
United States Magistrate Judge

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