SKAZZI3 Capital Limited v. Pathway Genomics Corporation

Filing 64

ORDER Granting 60 Petitioner's Ex Parte Application to File a Motion to Compel; ORDER Setting a Deadline for Respondent to Oppose/Respond to Plaintiff's Motion to Compel. Signed by Magistrate Judge Karen S. Crawford on 1/7/2020. (mme)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SKAZZI3 CAPITAL LIMITED,

Case No.: 18cv317-BEN(KSC)

Petitioner,

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V.

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ORDER GRANTING PETITIONER'S
EX PARTE APPLICATION TO FILE
A MOTION TO COMPEL [Doc. No.
60);

PATHWAY GENOMICS
CORPORATION,

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Respondent.

ORDER SETTING A DEADLINE
FOR RESPONDENT TO OPPOSE/
RESPOND TO PLAINTIFF'S
MOTION TO COMPEL [Doc. No. 61.)

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On February 8, 2018, petitioner SKAZZI3 Capital Limited filed a Petition to
Enforce Arbitration Award against respondent Pathway Genomics Corporation. [Doc.
No. l .] The Petition seeks to enforce a final judgment against respondent that was
entered by the District Court on December 26, 2018. [Doc. No. 60, at p. 2.]
Before the Court is petitioner's Ex Parte Application to File a Motion to Compel
Discovery [Doc. No. 60] and petitioner's Notice of Lodgment, including a proposed
Motion to Compel [Doc. No. 61-1, at pp. 1-10]. In the Ex Parte Application, petitioner
requests an order allowing the filing of a Motion to Compel. The reason for the request is
that respondent only served objections to all of petitioner's interrogatories and document

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l 8cv3 l 7-BEN(KSC)

1 requests without providing any substantive responses and then failed to cooperate in the
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meet and confer process despite several attempts by petitioner. [Doc. No. 60, at pp. 2-4.]

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The Ex Parte Application requests that the Court permit petitioner to file a Motion to

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Compel even though it has not been able to satisfy the meet and confer requirements.

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[Id.]

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Good cause appearing, the Court finds that petitioner's Ex Parte Application to file

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a Motion to Compel must be GRANTED. The Motion to Compel submitted with

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plaintiffs Notice of Lodgment, as well as the accompanying Declaration and exhibits

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[Doc. Nos. 61-1, 61-2, and 61-3], are deemed to have been filed as of December 23,

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2019, the date they were lodged with the Court. Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

Respondent's objections to petitioner's discovery requests are overruled.

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2.

No later than January 31, 2020, respondent must either file and serve an

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opposition to petitioner's Motion to Compel or must provide the Court with proof that

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respondent served petitioner.with substantive responses to petitioner's Interrogatories

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(Set One) and petitioner's Request for Production of Documents (Set One).

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IT IS SO ORDERED.
Dated: January

L, 2020

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Hon. Karen . rawford
United States Magistrate Judge

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18cv317-BEN(KSC)