Case Name: Lloyd Guidry, LLC v. Lifelock, Inc.
Case No.: 18CV321532

Before the court are 4 motions to compel discovery, brought by defendant Lifelock, Inc. against plaintiff Lloyd Guidry, LLC (“Guidry”). Three are newly noticed for hearing January 8, 2019; while one (line 11) was continued by the court from November 8, 2018 and counsel ordered to further meet and confer.

The Court has carefully reviewed and considered all of the pleadings filed addressing each of these motions. It appears counsel have met and conferred repeatedly, and plaintiff’s counsel represents the issues have been resolved – which defendant’s counsel disputes.

As the Court finds that no substantive, credible opposition has been filed by plaintiff to any of these motions, each motion is GRANTED in its entirety. Where responses and objections have been served, the objections are overruled. Where no responses have been timely served, all objections are waived. Verified responses and further responses, and all responsive documents, shall be served on defendant’s counsel no later than January 31, 2019.

Monetary sanctions are appropriate and are mandatory under the discovery statutes. However, defendant’s counsel does not clearly present evidence of the actual reasonable attorney’s time and fees incurred, as each of counsel’s declarations is phrased prospectively. Each states that it is “estimated” that certain time and fees will be incurred – but the declarations do not definitely and clearly state the actual time and expense.

Nonetheless, it is readily apparent that significant attorney’s fees have been incurred by defendant in bringing these motions to compel. The Court finds it reasonable to assume – and therefore finds – that counsel for defendant have taken not less than 6 hours for each motion to prepare and file all the pleadings the court has reviewed. Therefore, the court issues monetary sanctions of $3,090 against plaintiff Lloyd Guidry, LLC for each of these four motions to compel. The total monetary sanctions of $12,360 shall be paid to defendant’s counsel no later than January 31, 2019.