Party: None as of 08/25/2020 Defendant selectively quotes MCI. C.C.P. (Code Civ. The failure of a claimant to comply with this subdivision is a waiver of the claimants right to compel arbitration. (Code Civ. Simply repeat what you want the court to do. You can always see your envelopes Otherwise, the deponent must answer the question and the testimony will be received, subject to the objection. Defendant's new take on jurisdiction -- its "innocent subsidiaries" argument -- is not only irrelevant to Defendant's discovery obligations, but is completely at odds with the law of this Circuit. 10 try clicking the minimize button instead. Bill Karns is a partner at Karns & Karns. It is good practice to review local rules before filing a motion to compel. Plaintiff contends that Defendant has breached an agreement to provide ..ity Company dba DAT moves to compel discovery responses, for an order deeming admissions admitted, and for monetary sanctions. When a party to whom interrogatories are directed fails to respond, under CCP 2030.290(b) a party propounding the interrogatories may move for an order compelling a response. 8. at 14:8-14. Ma Laboratories, Inc., et al. Those related to calculating deadlines interrelate and must be applied in the right order. Between November 2001 and the present, that number has increased by another 50 percent (from approximately 100 to 150), with a current payroll of approximately, Defendant Has Rejected Plaintiff's Offers to Ease the Claimed Burden of Discovery. ), Rule 3.1345(c) of the Rules of Court requires the separate statement to include (1) the text of the request, interrogatory, question, or inspection demand; (2) the text of each response, answer, or objection, and any further responses or answers; (3) a statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute; (4) if necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it; (5) if the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth; and (6) if the pleadings, other documents in the file, or other items of discovery are relevant to the motion, the party relying on them must summarize each relevant document.. Case No. Explanation: (C.C.P. Action Pending Completion of Arbitration Plaintiff's Memorandum of Points and Authorities in Support of its Motion to Compel ("Pl. Code of Civil Procedure section 2031.240(c)(1) requires that responses with objections based on privilege and work product protection shall provide sufficient factual information for other parties to evaluate the merits of that claim, including, if necessary, a privilege log. Privilege logs are not required to be served concurrently with objections, and may require a motion to compel. Case No. ((See Declaration of (Richard J. more analytics for Wilfred J Schneider, Jr. Court finds that the reasonable amount of attorneys fees and costs directly related to the instant motion is a total amount of $1,060, to be issued against Defendant He also received the CAALA Presidential Award of Merit and the New Lawyers Division Chair Award of Merit in 2012 from CAOC. (2003) 31 Cal.4th 1187, 1195.) As lawyers we get angry when documents are not turned over even though we are entitled to them and we know they exist. ), On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists. (Code of Civ. Auto. Your subscription has successfully been upgraded. (1) (2) MOTION TO COMPEL INITIAL RESPONSES TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS; AND MOTION TO COMPEL APPEARANCE AT DEPOSITION; REQUEST FOR MONETARY AND EVIDENTIARY SANCTIONS (x2) To determine when the opposition is due, start at the hearing date and count backward in time. (Hyundai Amco Am., Inc. v. S3H, Inc. (2014) 232 Cal.App.4th 572, 574. 1. when new changes related to " are available. Smithfield recognized this when it stated, "in the Vitamins case, relied upon by the government, the subsidiary's conduct did not give rise to the cause of action." The contents of the motion are the same as stated above. Grounds exist for rescission of the agreement. What happens if defendant does not respond to discovery California? bTheres a rule for everything in California State Court civil litigation. This template was prepared by the Justice & Diversity Center, a nonprofit organization, and is not an official court form. Here are some basic steps on filing a Motion in California: Draft the Motion. Once you have completed your motion in opposition, you should make several copies of the complete motion (and any attachments or declarations). Co. v. Pac. The motion must be filed and served 16 court days before the hearing (add 5 days for mail or 2 days for FedEx). 1998), SEC v. Saul, 133 F.R.D. ), Within 30 days after service of the summons and complaint, the claimant shall file and serve a motion and notice of motion pursuant to Section 1281.4 to stay the action pending the arbitration of any issue, question, or dispute that is claimed to be arbitrable under the agreement and that is relevant to the action to enforce the claim of lien. Here are just a few of the C.C.P. ), A motion to compel the deposition of a party to the action must also be accompanied by a meet and confer declaration, or, when the deponent failed to attend the deposition, a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance. The usual method of perpetuating testimony is through a deposition. County of Los Angeles to requests for production of documents in California is made on the grounds that the requests for production of documents are objectionable in that the Proc. : BC577644 Proof of Service Filed - Ntc of Motion and Motion to Compel Deposition att, CHAVARRIA ROURK V NISSAN NORTH AMERICA Print, Order Filed Re: - ORDER TO COMPEL DEPOSITION OF DEFENDANT EVELYN SHEPERD F, Motion to Compel Further Responses to Interrogatories, Motion to Compel Discovery Responses (CCP 2030.300), Motion to Compel Responses to Request for Production of Documents, Motion to Compel Further Responses to Special Interrogatories, Motion to Compel Deposition of Person Most Qualified (PMQ), Stafford v. Avenal Community Health Center. Plaintiff contends in her Motion to Compel Better Responses to Request for Production Re: Injury Investigation Policies and Procedures [DE 49], that the subject requests were propounded in order to determine the nature of the Defendants efforts at investigating passenger injury incidents. If the court grants the motion to compel, then the party who objected or failed to answer must then do so. Defendant General Motor LLCs Mot ..arranty period, the vehicle developed various defects. The court shall not order the parties to arbitrate if the court determines that, Waiver of the right to arbitration does not occur by mere participation in litigation. [A]s an abstract exercise in logic it may appear that it is inconsistent for a party to participate in a lawsuit for breach of a contract, and later to ask the court to stay that litigation pending arbitration. What happens if a motion to compel is ignored by defendant? A privilege log must sufficiently specify each document being withheld so it can be determined whether or not it is in fact privileged. (CCP 2025.450(a).) Memo are transcripts of the depositions of Smithfield executives. Breach of Implied Warranty of Merchantability (2) Defendants Motion to Compel Deposition of Julio This means from an advertising perspective you have to ensure your message is generated 27 times so it will resonate with and be retained by potential customers. Having been designated confidential pursuant to the Stipulated Protective Order, the exhibits were filed under seal. A motion to compel further responses to interrogatories is a prime example. Courts routinely look to the activities of subsidiaries that have nothing to do with the subject matter of the litigation. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. Code Civ. Case No. Defendant misrepresents the burden of jurisdictional discovery by combining it with the pages produced, witnesses deposed, and hours of deposition testimony from Plaintiff's substantive investigation of Smithfield's failure to comply with the Hart-Scott-Rodino Act and its "solely for the purpose of investment" defense discovery that took place before Smithfield filed its Motion to Dismiss and, indeed, before the complaint was even filed. We have notified your account executive who will contact you shortly. See Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 351 (1978); see generally 8 C. Wright & A. Miller, Federal Practice and Procedure 2007 (2d ed. Part 2 Part 2 of 4: Drafting Your Opposition Motion Download ArticleFormat the document. To formally oppose the motion in limine, you need to draft your own motion in opposition.Add the caption information. The caption includes the name of the court, as well as the parties names and the case number.Insert an introduction. Make your argument. Add a conclusion. Sign your motion. Create a certificate of service. (citation omitted).(9). 12cC.C.P. Defendants filed a cross-complaint alleging that Plaintiffs failed to pay attorneys fees for services rendered and costs advanced. (Subd (b) amended effective January 1, 2020; adopted effective July 1, 2001.). This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. Where the motion is being eFiled, there are several more and/or different requirements. Plaintiff Rand Semaan moves to compel discovery response ..equest for sanctions in connection with the motions to compel initial responses is GRANTED. B to Def. Clerk of the Superior Court Discharged Court-Appointed Receiver Bye Clerk, Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE THE CITY OF TUSTIN, Case No. PlaintiffS motion for order compelling Defendants Production of Documents Listed in DEPOSITION Notice * The notices of motion state Set One, but Plaintiff served the Special and Form Interrogatories, Set Two, on June 12, 2018. On petition of a party to an arbitration agreement alleging t .. 1281.2, subd. Heres a short excerpt from the Motions chapter: Lets look a bit deeper into a few of these rules. Corp. (2001) 88 Cal.App.4th 215, 219.) But once again, a discovery dispute is not an appropriate forum for debating the jurisdiction issue. 1984)). These tasks require application of C.C.P. by Julie A. Goren | Jan 15, 2022 | Articles. As Plaintiff previously noted in its Motion to Compel, Defendant's steadfast insistence on the irrelevance of evidence from around the time of the filing of the complaint is inconsistent with the Court's Order granting Plaintiff's Motion to Supplement its Opposition to Defendant's Motion to Dismiss with information from 2001 and 2002. 926 0 obj <>/Filter/FlateDecode/ID[<2BD4A5DA94D51A4AA7725014B00C78C2>]/Index[903 67]/Info 902 0 R/Length 111/Prev 612154/Root 904 0 R/Size 970/Type/XRef/W[1 3 1]>>stream [W]aivers are not to be lightly inferred and the party seeking to establish a waiver bears a heavy burden of proof. (St. Agnes Med. This time frame is consistent with the law of this Circuit. FACTUAL BACKGROUND Even more detail and calendaring exercises may be found in the one-hour video, Calendaring in State Court: Steps and Traps for the Unwary.], Format: The motion must comply with the format requirements contained in C.R.C., Rules 3.1110 and 3.1112. (2000) 83 Cal.App.4th 677, 686-687), and compels the Court to construe liberally the terms of the arbitration agreement (Bigler v. Harker School (2013) 213 Cal.App.4th 727, 738) and resolve all doubts in favor of arbitration (Vianna v. Doctors Management Co. (1994) 27 Cal.App.4th 1186, 1189). It is still recommended to meet-and-confer in writing, but it is not required. Additionally, the Court could review the substance of the responses and order further responses. TimesMojo is a social question-and-answer website where you can get all the answers to your questions. (1) To grant the motion to compel plaintiff to submit to further deposition and to provide further responses to all deposition questions specified in the separate statement of disputed responses filed by defendant on September 21, 2018. 4 10 STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Two principal Smithfield witnesses, Mr. Luter, III and Mr. Poulson, both maintain residences in Manhattan. (CCP 2025.450(a).) ), If a motion seeks to order the deponent to produce documents listed in the deposition notice, then the motion must set forth specific facts showing good cause justifying the production for inspection of any document, electrically stored information, or tangible thing described in the deposition notice. (Code Civ. As Plaintiff explained in its Motion to Compel, the relevant time period for purposes of establishing jurisdiction in this case is the date the complaint was filed. will be able to access it on trellis. Although Defendant filed late responses, Plaintiff, in her reply brief, still seeks to compel Defendant to produce responses. (Code Civ. TENTATIVE RULING: In addition, most of the key documents are in the District of Columbia in the Antitrust Division's pre-complaint investigation files. ), Discovery responses are often served after a motion to compel is already filed. A motion to compel can be filed against an opposing party for the failure to respond to discovery requests or if the response is insufficient. Rules of Court, Rule 3.1300.) Share sensitive information only on official, secure websites. A party must respond to written discovery (Form Request for Production of Documents, Set Two. (Motion to Compel at 4). Monetary sanctions: If sanctions are sought, C.C.P. Reply in Support of Motion to Compel Discovery - California Los Angeles Superior Court of California January 12, 2023 Reply in Support of Motion to Compel Discovery ), In ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute, and general principles of California contract law guide the court in making this determination. . The court declined to go with them. You can always see your envelopes (citing Hannah v. Larche, 363 U.S. 420 (1960)). If you wish to keep the information in your envelope between pages, (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534. [This, too, is covered in LBTN. 2d 66 (D.D.C. v. Hazard, 24 F. Supp. For example, incident reports in premises-liability cases are routinely withheld by the defense. You have to digest, understand, and correctly apply them. (CCH) 65,652 (D.D.C. Plaintiff bought a 2015 Ford Mustang from Joe Macpherson Ford dba AutoNation Ford Tustin (AutoNation or Dealership) on or about December 16, 2017, when she entered into the written RETAIL INSTALLMENT SALE CONTRACT SIMPLE FINANCE Accessing Verdicts requires a change to your plan. In a nutshell, if opposing counsel isnt responding: The plaintiff has 30 days from the date you served or mailed the final request to provide you with answers. when new changes related to " are available. Background (CCP 382, 389) Reply. 5. Co. (1975) 14 Cal.3d 473, 479; Frog Creek Partners, LLC v. Vance Brown, Inc. (2012) 206 Cal.App.4th 515.) LEXIS 10549 (D.D.C. MOVING PARTY: (1) Plaintiffs Sharon Melinda Kwan and Andy Chen Frank W. Chen has been licensed to practice law in California since 1988. 2030.300Govt. (Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, review denied. Motions to Compel If a party doesnt respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. How soon can you serve discovery in California? Corp. (2007) 41 Cal.4th 19, 31. The petitioner is a state or federally chartered depository institution that, on or after January 1, 2018, is seeking to apply a written agreement to arbitrate, contained in a contract consented to by a respondent consumer, to a purported contractual relationship with that respondent consumer that was created by the petitioner fraudulently without the respondent consumer's consent and by unlawfully using the respondent consumer's personal identifying information, as defined in Section 1798.92 of the Civil Code. : 19STCP02316 (8) See In re Vitamins Antitrust Litig., 2001 U.S. Dist. RESPONDING PARTY(S): No opposition filed. Warne appears to intend to withdraw the motion by this Notice but since there is no such procedure Motion to Compel Arbitration at 69,345-46 n.32 (emphasis added). Defendant argues that Plaintiff could have filed suit in Virginia, a "venue of unquestioned jurisdiction." the discovery matters at issue in defendants Motion . If you wish to keep the information in your envelope between pages, Proc. ), The party moving to compel arbitration must establish that it demanded arbitration from the other party, and that the other party refused to agree to arbitration. VS ILANA MARIA STOLTZ, Trista Thomas v. Ford Motor Company et al, The right to compel arbitration has been waived by the petitioner; or. 2 The State and Federal Rules of Civil Procedure require parties to meet and confer before bringing a motion to compel. Make at least one copy Proc., 2024.040.) We have notified your account executive who will contact you shortly. Memo at 2. Rule 64: If it exists, theres an AU of it. If the court issues an order that compels your spouse to produce the discovery you are seeking but your spouse still refuses to provide evidence, the judge may impose further sanctions such as: Additional fees (called sanctions). Grounds For Motion A party may move to compel the production of documents or things if the response (1) agrees to comply, but compliance is incomplete, (2) the responding partys indication of inability to comply is incomplete, inadequate, or evasive, or (3) an objection to a request is made that is too general or without merit. (Code Civ. 1998) (stating that "Plaintiff's choice of forum is due substantial deference. 969 0 obj <>stream 8 (10) For purposes of discovery, however, there is no corresponding time limitation. Plaintiff's jurisdictional discovery requests are narrowly tailored to produce information relevant to the issues raised by Defendant in its Motion to Dismiss. Proc., 2025.450(b)(1). How many pages can an opposition to a motion be in California? Your opposition should focus on how the separate statement fails to comply with Rule 3.1345, as well as how your answers were either complete or fully responsive, or if you objected, why your legal objections were meritorious. 5 Please wait a moment while we load this page. Lexis 25073 (D.D.C. To deny defendants motion to compel arbitration, and the motion to stay the action pending completion of the arbitration. Rarely do discovery responses identify or describe the item or items withheld due to a privilege. MOTION TO COMPEL DISCOVERY RESPONSES, FOR AN ORDER DEEMING ADMISSIONS ADMITTED, AND FOR MONETARY SANCTIONS See Ex. Id. Act in good Faith. In this scenario the moving party can simply take the motion off calendar. A .gov website belongs to an official government organization in the United States. BACKGROUND Simply stated, Plaintiff seeks only to conduct the discovery the Court granted. ), If a motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code of Civ. Your alert tracking was successfully added. (See Mem. ], Separate statement: All motions to compel further responses in California state court must include a separate statement in accordance with C.R.C., Rule 3.1345, stating the specific discovery request, the response given, the factual and legal reasons for compelling further responses, etc., or, if allowed by the court, a concise outline of the discovery request and each response dispute.. Party: None as of 08/25/2020 at p. 4:10-14 [misquoting section 2033.280].) When calendaring deadlines, one must also be mindful of all of the California state court holidays; they differ from the list of Federal holidays). 's Opp. 2030.300) Certain types of cases in certain courts, e.g., Personal Injury Actions in Los Angeles county, might also require an informal discovery conference with the judge before bringing the motion. Explanation: When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information. On February 13, 2019, Plaintiff JOse Ojeda, et al., Plaintiff, v. Michelle Elizabeth Bargnas, et al., Defendants. Bell Construction, Inc. v. Marc Brock, et al. Yet the law is clear that such participation, standing alone, does not constitute a waiver, for there is an overriding federal policy favoring arbitration. [M]ere delay in seeking a stay of the proceedings without some resultant prejudice to a party, cannot carry the day. (Adolph v. Coastal Auto Sales, Inc. (2010) 184 Cal.App.4th 1443, 1450 (internal citations omitted).) 1005(b)) Service must be made earlier if the papers are not personally served. While engaging in litigation of the matter may be inconsistent with an intent to invoke arbitration, the party who seeks to establish waiver must show that some prejudice has resulted from the other party's delay in seeking arbitration. (Berman v. Health Net (2000) 80 Cal.App.4th 1359, 13631364. Time in Which to Bring a Motion to Compel Further Responses. by clicking the Inbox on the top right hand corner. 07/11/2017 Instructions: Opposition to Motion to Dismiss 1 of 3 Instructions: Responding to a Motion to Dismiss the Complaint . 2030.300) Sounds simple enough, but its not. Proc., 1005(b). ), A motion to compel must contain: 1) a notice of motion; 2) points and authorities; 3) a separate statement; and 4) a declaration that set forth the good faith meet-and-confer attempts to resolve the matter informally. 5 Memo. 12 and 1013 (or 1010.6 for electronic service), and possibly 12a. TRC additionally cites to Code of Civil Procedu Driveatron, L.L.C. 6 Def. The separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. [TENTATIVE] RULING RE: However, Code of Civil Procedure section 2025.480(h) requires the moving party to lodge with the court a certified copy of any relevant portions of the transcript. These consequences can be eliminated by using LBTN, which pulls together the C.C.P., C.R.C., and Judicial Council forms for commonly-encountered tasks in California state court civil litigation cases, and explains them, step-by-step. Yes, you can file a motion for sanctions and cite which rule opposing counsel is breaking. BizAttorney : Motion For Sanctions will be the title in the caption, you will state the facts that support your argument. TRC acknowledges it received written discovery responses from Brock. (Code Civ. 12c solves that: count backward from the hearing 16 court days and then add the applicable extension. Proc., 1281.4. 's Opp. Had Smithfield produced documents and information from January 31, 2001 forward, Plaintiff might well have been able to discern that Messrs. Slavik's and Shipp's testimony would be cumulative of Mr. Luter IV's anticipated testimony, and therefore could have withdrawn its request to depose those two executives before filing its Motion to Compel. If your opposition is late, the court may ignore it. It presently permits a defendant to be tried in absentia only in non-capital cases where the defendant has voluntarily absented himself after the trial has begun. (This is where youve received responses to interrogatories, believe them to be incomplete, and you want the court to order the responding party to provide further responses.) Proc., 2024.020.) by clicking the Inbox on the top right hand corner. If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. v. Gary A. Vick (Code Civ. Plaintiffs Sharon Melinda Kwan and Andy Chen move to compel ini Motion to Compel Haykingdom, Inc.s Responses to Special and Form Interrogatories, Set One* How do you respond to a motion to compel? Pay the Motion filing fee, which is $60 in California . June 5, 2003), Frederick Cinema Corp. v. Interstate Theatres Corp., 413 F. Supp. Rules of Court, rule 3.1345(b). ), If a party fails to respond to written discovery, the Code of Civil Procedure does not require the propounding party to meet-and-confer before filing a motion to compel. Hearing Date: June 26, 2018 (Code Civ. . The court considered the moving papers and opposition. Jensen v. Vision Care Center, a Medical Group, Inc. What does it mean to file a motion to compel? The memorandum of points and authorities must comply with C.R.C., Rule 3.1113 with respect to contents, proper format of case citations, page limitations, and inclusion of a table of contents and table of authorities where required. The 30 days include weekend days and court holidays. Sharon Melinda Kwan, et al. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. Code Civ. Case No. 's Opp. What do you do when opposing counsel wont respond? No fee is required to file an opposition. Generally, you have 30 days AFTER the date you are served to file a response with the court. Proc., 2023.010.) Replying to an opposition to a motion in California is the topic of this article. Proc.. 2025.480(b).) Proc., 2030.300(c), 2031.310(c), and 2031.300.) How many pages can an opposition to a motion be in California? The party moving to compel arbitration must establish that it demanded arbitration from the other party, and that the other party refused to agree to arbitration. How long do you have to give notice for civil motion in California? Def. An unverified response is the equivalent of a non-response. Ct. (1997) 59 Cal.App.4th 110,130.) If sanctions are sought, the motion to compel must set forth the authority for sanctions and be accompanied by a declaration detailing the type and/or amount of the sanctions. (Code Civ. 2d 66, 70 (D.D.C. How do you oppose motion to compel in California? If a party completely fails to respond, a motion to compel may be brought at any time subject to the motion cut-off date which is 15 days before the initial trial date (Code Civ. Tentative Ruling: Testimony from Mr. Trub, Defendant's CFO in the 1998 - 1999 time frame, is still necessary, however, particularly given Defendant's continued insistence that the temporal inquiry for jurisdictional purposes is the time of the cause of action, rather than the time of the filing of the complaint. Defendant's "relevant" time period has been variously described -- at times limited to the two dates its stock purchases exceeded the Hart-Scott-Rodino Act's filing threshold and more broadly from June 28, 1998 [sic] through January 12, 2001. Plaintiff alleges that Defendants defaulted under the terms of the Promissory Note and failed to pay the monies owed to him. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Last. Finally, some of Defendant's alleged deposition burden, like its claimed written discovery burden, was of its own making. Memo at 6. Your credits were successfully purchased. TRC, therefore, has not complied with section 2023.040 by properly supporting its request for monetary sanctions with its memorandum of points and authorities. 29 C.F.R. Once the motion is drafted, filed, and served, there are even more California codes and rules of court (and often local rules) governing: Remote appearances when available and how and when to give notice of intent to appear remotelyTentative rulings whether you have to appear at the hearing or may request an appearance Notice of rulingProposed orders. Motions to compel discovery responses must comply with the deadlines of a regular noticed motion. The motion to strike answers of Defendants Optimum Growers, Inc., O.C. Copyright Ctr. (a) Separate statement required Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. By Plaintiff to Compel Defendant to Serve Initial Responses to Last. Defendant's Claims of "Undue Burden" Are Disingenuous, Defendant Has Rejected Plaintiff's Offers to Ease the Claimed Burden of Discovery, Plaintiff's Requests Impose a Minimal Burden on Defendant, Defendant's Legal Standard for What Is Necessary to Establish Personal Jurisdiction Is Irrelevant and Incorrect, Defendant's Choice of Forum Is Irrelevant, Defendant's Citation of Testimony Is Irrelevant, This document is available in two formats: this web page (for browsing content), and.