ELSIE HEWITT VS MATTHEW RYAN PHILLIPPE

Case Number: BC676039 Hearing Date: July 24, 2018 Dept: 7

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTIONS TO COMPEL FURTHER RESPONSES TO DISCOVERY; MOTION OFF-CALENDAR PENDING IDC

On September 18, 2017, Plaintiff Elsie Hewitt (“Plaintiff”) filed this action against Defendant Matthew Ryan Phillippe (“Defendant”) for assault, battery, and intentional infliction of emotional distress. On November 9, 2017, Plaintiff served a first set of written discovery requests on Defendant. The parties met and conferred regarding further responses, but it appears Defense counsel is in the process of substituting as counsel. Defendant’s unofficial new counsel filed oppositions to these Motions stating Defendant is prepared to serve further responses and requests that sanctions not be imposed.

The Court notes the parties have not participated in an Informal Discovery Conference (IDC). To the extent there are still discovery issues in dispute, it is the Court’s preference that parties participate in an IDC before hearing the Motion to Compel Further, as an IDC typically facilitates amicable resolution of discovery disputes, avoiding the time and costs incurred on such motions. Further, parties are required to participate in an IDC before motions to compel further responses may be heard, unless the opposing party has failed or refused to participate in an IDC. (See Seventh Amended General Order In Re Personal Injury Court Procedures, Central District, ¶ 13.)

Accordingly, the parties will participate in an IDC with the Court on August 28, 2018, at 10:30 a.m. in Department 7. To extent these motions are moot based on new defense counsel’s representations that Defendant will provide further responses, the parties must notify the court if the issues have been resolved and the IDC and these motions may be taken off calendar.

If the IDC is held and the discovery issues are not resolved, a new hearing date will be set for Plaintiff’s Motions.

Moving party to give notice.

Print Friendly, PDF & Email
Copy the code below to your web site.
x 

Leave a Reply

Your email address will not be published. Required fields are marked *