Case Name: Randall Shuler et al vs Bradily Kramer et al
Case No.: 17CV310710

Motion to compel

The motion to compel Plaintiffs to produce documents that they agreed to produce in a (tardy) written response to request for production of documents was timely and properly served, and is unopposed.

On March 26, 2019, the Court issued its order granting Defendants’ motion to compel further responses to Defendants’ Request for Production of Documents. Notice of entry of the order was served the following day. However, the Court denied a request to compel production of the documents, as no response to the document request had been served agreeing to produce documents.

As Plaintiffs served a written response to the document request, and has agreed to produce documents, the motion to compel production of documents is GRANTED in its entirety. The Court will not allow Plaintiffs to delay any further by their request for a protective order. Plaintiffs have not provided an appropriate protective order to Defendants, and filed no opposition to this motion that provides any basis to conclude that the documents in question need protection from disclosure. The Court does not find Plaintiffs’ proposed protective order to be acceptable and would not sign it even if stipulated to.

Accordingly, Plaintiffs shall produce all documents responsive to Defendants’ Request for Production of Documents, Set One, within twenty days of Defendants’ notice of entry of this order signed by the Court.

Sanctions

Evidentiary sanctions are DENIED as the Court denied Defendants’ motion to compel production of the documents was denied. There is no evidence of a failure to comply with a court order, and any request for non-monetary sanctions is DENIED.

Portions of the monetary sanctions will be awarded. The Court does not award sanctions for time spent meeting and conferring or expenses not yet incurred. (See Code Civ. Proc., § 2023.030, subd. (a); Tucker v. Pacific Bell Mobile Services (2010) 186 Cal.App.4th 1548, 1551.) Consequently, attorney’s fees for anticipated attorney’s fees to review opposition and prepare a reply are not compensable. As no opposition was filed, no reply has been necessary. That leaves 6.5 hours at $225 per hour, for a total amount of $1,462.50, plus $60 for the filing fee, that the Court finds was reasonably and necessarily incurred.

Accordingly, Plaintiffs Randall Shuler and Stackspeed, Inc., are ordered to pay monetary sanctions of $1,552.50 within twenty days of Defendants’ notice of entry of this order signed by the Court.

Defendants shall prepare the order.