17CV306257
Sae Materials, Inc. vs Richard Maldonado et al

After reviewing both sides’ submissions, the Court makes the following orders:

1. Defendants must produce all invoices, certificates of compliance, and purchase orders described in RFP Set 4. The documents are relevant, and the definitions of certain terms at issue (e.g., “chokes” and “transformers”) are not vague.

Moreover, Defendants’ stated concern about misuse is addressed by the protective order already in place. (In any event, Defendants should have moved for a protective order promptly after receiving these discovery requests. Defendants did not do so.) Put another way, Defendants have not shown “good cause” to limit the RFPs in the way Defendant want. If there is misuse of confidential information by Plaintiffs or their counsel, Defendants can remedy that in other ways. But the Court will not presume that Plaintiffs’ counsel is acting unethically. (Mr. Maldonado’s declaration is not persuasive and contains ample inadmissible hearsay to boot.)

The Court orders production of these documents within 10 days of this Order, given the upcoming trial date.

2. Within 10 days of this Order, Defendants (MMI and Mr. Maldonado) must provide further amended responses to RFP Set 3, withdraw privilege objections, and produce any responsive documents not already produced. Although Defendants’ counsel has stated there are no documents being withheld under a claim of confidentiality and/or privilege, Defendants must serve amended responses that confirm this (or provide a privilege log if there are withheld documents).

3. Defendants’ failure to produce documents and to amend RFP responses lacked substantial justification. The Court therefore GRANTS monetary sanctions in favor of Plaintiff in the amount of $2,000 (the amount requested by Plaintiff’s counsel was excessive). This amount must be paid within 30 days of this Order.