opposition to motion to compel california separate statement

The papers analyze various possibilities for a safety zone and cite statistics textually as part of the analysis. The parties have identified expert witnesses and agreed to a timetable for exchange of expert reports. 1986) (rejecting request for discovery). Except as provided in Code of Civil Procedure section 437c (r) and rule 3.1351, the opposition to a motion must consist of the following separate documents, titled as shown: (1) [ Opposing party's] memorandum in opposition to [ moving party's] motion for summary judgment or summary adjudication or both; Ct. (1980) 111 Cal. App. Health. "G,*X+%G" &2X 'XG TG *'TG2X+G, 2L "2*(G&T, "ng Appasktkaj snfii hg hfsgd aj tnks Appasktkaj! 1. Plaintiffs Motion to Compel Defendant to Provide Further Responses and Request for Sanctions is DENIED. will be able to access it on trellis. These local rules are promulgated pursuant to 28 U.S.C. California Code of Civil Procedure (CCP) 2016.040. : C16 Complaint Filed: December 3, 2014 Trial Date: May 8, 2017 DEFENDANT'S OPPOSITION TO PLAINTIFF'S . The statistics and other data contained in those documents reflect the deliberative processes of the Antitrust Division. 2. Legal Standard A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue. Sample language could read: I hereby certify that on this 22nd day of April, 2016, I caused a copy of the foregoing Motion in Opposition to be served by first-class mail, postage prepaid, on counsel for plaintiff as follows, and then insert the name and address of counsel. If the requested information wasnt relevant, then you might not feel they are entitled to it. That request focused solely on pre-decisional documents and unquestionably invaded the intragovernmental deliberative processes of the Antitrust Division. (Code Civ. R. Civ. This sample opposition to a motion to compel further responses 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 documents requested clearly do not relate to the claim or defense of the party seeking discovery or of any other party to the action as required by Code of Civil Procedure 2017. . Defendants cite two cases regarding production of factual material which do not apply to the facts of this case. A motion concerning interrogatories, inspection demands, or admission requests must identify the interrogatories, demands, or requests by set and number. The district court denied Sundance's motion to compel arbitration based on waiver. Proc., 2030.290(a), 2031.300(a). For example, if you are a journalist, then you might have a statutory privilege not to be compelled to release the sources of your information. Exhibit 1 at 1. ), Rules of Court, rule 3.1348(a), explains, The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after motion was filed. (See also Code Civ. A separate attachment cites and annotates certain references on hospital size, followed by an analysis of those references and other information in connection with a possible safe harbor. You can always see your envelopes (The ninth document is a document of the Federal Trade Commission; therefore the Division has referred that document to the Commission to determine whether it has any privilege to assert regarding its discovery.). NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 138 (1974). You will lose the information in your envelope, Miscellaneous Document Filed - SEPARATE STATEMENT OF DISCOVERY REQUESTS AN, BEAL -V- WAL-MART ASSOCIATES, INC., ET AL Print. [and/or] (2) An objection to a particular request is without merit or too general. Even if defendants had made such allegations, it is well settled that exercises of prosecutorial discretion are, for the most part, not judiciable. Defendant filed oppositions on February 10, 2020. Last. CASE NAME: will be able to access it on trellis. In accordance with Fed. You should receive a copy of the other side's motion that was filed with the court. Signed this ______________ day of August, 1994. The parties may submit to the tentative ruling without appearing for the hearing if you follow these instructions: (1) If ALL PARTIES (except if no other part ..court.org, at least one day prior to the hearing date, to advise the Court that ALL PARTIES SUBMIT, also STATING WHICH PARTY WILL GIVE NOTICE, or if NOTICE IS WAIVED; (3) Please refrain from sending individual emails to smcdept46@lacourt.org with a request to modify the tentative ruling or indicate one party submits but waiting to hear from the other side, as these emails will not be considered. will be able to access it on trellis. try clicking the minimize button instead. United States v. Jacob, 781 F.2d 643, 646-47 (8th Cir. (CCP 2030.300) These are the Local Rules of Practice in Civil Proceedings before the United States District Court for the Northern District of California. To compel further responses to requests for admission; To compel further responses to interrogatories; To compel further responses to a demand for inspection of documents or tangible things; To compel or to quash the production of documents or tangible things at a deposition; For medical examination over objection; and. A two-page May 25, 1993 draft paper discussing possible safe harbor for hospital mergers. Proc., 2025.450 (b) (2) .) As soon as you receive this motion, read it carefully. R. Civ. Adding your team is easy in the "Manage Company Users" tab. VS THE ALLERGY AND ASTHMA CLINI, Motion to Compel Discovery Responses (CCP 2030.300), Motion to Compel Further Responses to Special Interrogatories, Motion for Order Deeming Admitted Truth of Facts and Genuineness of Documents, La Paloma Ranch LLC et al vs Presbyterian Camp and Conference Centers, Inc. et al. Proc., 2030.290(a), 2031.300(a).) He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. They were created during the prosecutorial and policy deliberations leading up to publication of the Policy Statements and safety zones. The responding party has 30 days after the service of requests to object and answer. may be governed by the Code of Civil Procedure ("C.C.P."), the California Rules of Court ("C.R.C."), local court rules, or all three. The staff selected for inclusion in the documents all tables, maps and other statistical or numerical information. See Write an Affidavit for more information. Providence Journal Co. v. Dep't of the Army, 981 F.2d 552, 562 (1st Cir. by clicking the Inbox on the top right hand corner. 4. THOMPSON VS CONTINENTAL LABOR RESOURCES, INC. Motion to Compel 12/04/2018 - Motion to Compel, Motion to Compel - def Reeder's Motion to Compel Pltf Barmore to File Unde, Barmore et al -v- Circa Management, Inc. et al Print, ORDER DENYING PLAINTIFFS MOTION TO COMPEL AND REQUEST SANCTIONS, DEFENDANT, MICHELLE HUANG ET AL VS. SANDEEP ANDRE HINGORANI ET AL, Motion to Compel Further Responses to Interrogatories, 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). The Antitrust Division has referred that document to the FTC for its evaluation of whether it is privileged. This is a controversial step. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. Nature of Proceedings: Motions Compel Further Resp. Except as provided in 3.1345(b), any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. Sundance did not initially move to compel arbitration or stay the case. They were developed by staff attorneys and economists of the Antitrust Division of the Justice Department solely to aid the Assistant Attorney General in charge of that Division in deliberating on the question of whether to develop a safety zone for hospital mergers and to decide the standard for that safety zone. We understand defendants agree that their motion is moot in light of this contemplated discovery. ( If you wish to keep the information in your envelope between pages, That the defendants did not plead any defense related to the government's exercise of prosecutorial discretion nor challenge the allegations of the Complaint under Fed. Ballesteros, Daniel Walter 2 I am familiar with the document requests served on plaintiff, the United States of America, by the defendants in the above-captioned case, as amended by defendants' memorandum in support of their Motion to Compel, seeking documents related to the Safety Zone for hospital mergers contained in the Statements of Antitrust Enforcement Policy in the Health Care Area, issued by the Department of Justice and the Federal Trade Commission on September 15, 1993 ("Policy Statements"). If the judge asks questions, then stand quietly and dont interrupt the judge. Plaintiffs Combined Motion to Compel Further Responses to Form, Special Interrogatories and Requests for Admissions, and Sanctions (Cal. The discovery request was too vague or ambiguous. Primarily, defendants seemed to be suggesting that they would shift the focus of the request to post-issuance documents. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Movant J. Doe ("Doe") hereby submits this Separate Statement pursuant to California Rule of Court 3.1345 in support of Doe's motion to quash a subpoena issued to non-party Glassdoor, Inc. . He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. A critical but often neglected (or haphazardly prepared) document which is necessary when making a motion to compel further responses to written discovery is the "separate statement" which is required under Rule 3.1345 of the California Rules of Court. Proc., 2031.300(a).) Plaintiff Nicole Jacksons LLCs (1) Motion To Compel Further Responses To Form Interrogatories, Set One; Request For Monetary Sanctions; and (2) Motion To Compel Further Responses To Requests For Production, Set One; Request For Monetary Sanctio ..s to Compel Further Responses on September 12, 2019. (a) Scope. Your subscription has successfully been upgraded. This is a good sample of separate statement required for bringing motion to compel further responses. by clicking the Inbox on the top right hand corner. : 1 aj tng ca`pigtg lkigs fjd, rgcards al tnks fctkaj! A similar document, not described in the Confidential Schedule, was prepared by the Federal Trade Commission ("FTC"). Deft's Form Interrog (Set 1) to Eric Hvolboll/Req. (See also Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892-893 (trial court did not abuse its discretion in denying plaintiffs motion to compel discovery as plaintiffs separate statement did not comply with the rules of court); Neary v. Regents of University of California (1986) 185 Cal.App.3d 1136, 1145 (trial court properly denied motions to compel discovery because of nonconforming separate statements). try clicking the minimize button instead. (Subd (d) amended effective January 1, 2007; adopted as subd (b); previously amended effective July 1, 1987; previously relettered effective July 1, 2001.). (Subd (c) amended effective January 1, 2007; previously repealed and adopted effective July 1, 2001. On July 29, 1994, the United States offered to consider the modified request without requiring defendants to file a new pleading, but sought assurances from defendants that the request was properly understood and some articulation of the possible relevance of the request. (Set 1) to Eric Hvolboll/Req. A .gov website belongs to an official government organization in the United States. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court's discretion, for granting the motion. for Prod. James J. DiCesare - Dept. We will email you Defendants' proposed transaction does not fall within the safety zone for hospital mergers, and defendants have so stipulated. (Code Civ. If these officials and staff anticipate subsequent disclosure and inquisition regarding their views, they will be inclined to temper candor and to restrict advice with resulting detriment to the policy-making process, enforcement of the antitrust laws, and the public interest. For example, the other side might have served requests for production of emails relating to a topic. Proc., 203 MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR DOCUMENTS, FORM INTERROGATORIES, AND REQUESTS FOR ADMISSION Disclosure of the tables, maps, statistics and numerical information would reveal the thinking of staff as to which facts were relevant to the deliberations leading up to issuance of the Policy Statements. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (5) To compel or to quash the production of documents or tangible things at a deposition; (6) For medical examination over objection; and, (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 1987, January 1, 1992, January 1, 1997, and July 1, 2001.). The United States objected on the grounds of relevance and privilege. In accordance with 28 U.S.C. Material must not be incorporated into the separate statement by reference. 30-2014-00759689-CU-WT-CJC Assigned for all purposes to the Hon. represented by On March 2, 2020, Plaintiff continued the Motions to April 28, 2020. 4 Yes, the separate statement is arguably the most important component of an opposition to a motion for summary judgment. Pay attention to how much time the judge gives each side to speak and listen to the questions the judge asks. Defendants are not entitled to a schedule of documents withheld because to do so discloses information that the privilege was intended to protect. As to the second, the United States has agreed to produce published speeches from Antitrust Division officials issued after the issuance of the Policy Statements. The Antitrust Division has conducted a search of its files and has located nine documents that arguably fall within that category. . Defendant. Id. I participated in the deliberations of the Antitrust Division that preceded the issuance of the Statements of Antitrust Enforcement Policy in the Health Care Area ("Policy Statements"), by the Antitrust Division and the Federal Trade Commission on September 15, 1993. HEARING DATE: Brian Leung v. Alireza Alivandivafa You will lose the information in your envelope. 2030.300(a).) (3), In opposing disclosure of the requested documents, the United States cautions that defendants' arguments regarding tabulations, accumulations of data, and other statistical or numerical information are not supported by the relevant caselaw. nor reasonably likely "to lead to the discovery of admissible evidence." TENTATIVE RULING: Given the expedited briefing schedule on this issue, and the lack of relevance in any event of the document, we ask the Court's indulgence with regard to this document. Some of the rules are in tension with this holding. As to Requests 4 and 7, defendants have in correspondence and their moving papers limited the original requests to documents on which an expert witness relies in forming the expert's report, thereby meeting the United States' objections. Check your previous documents filed in the case and follow the formatting. Sample Opposition to Motion for Summary Judgment . Do your real argument here. Mapother v. Department of Justice, 3 F.3d 1533, 1538-39 (D.C.Cir. 6 Attorney For The Defendant, England, Elizabeth Anne Your credits were successfully purchased. Proc., 2031.310(b)(1) requires the moving papers to set forth specific . We use cookies to make wikiHow great. Providence Journal, 981 F.2d at 562. Proc., 2033.290(a).) Consider negotiating a protective order with opposing counsel as a court most likely would grant one in the cases involving privilege, work product doctrine or the right of privacy. Doctor of Law, University of Wisconsin-Madison. Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. Consultants (2007) 148 Cal.App.4th 390, 405.). On January 14, 2020, Defendant filed an Opposition. A separate statement is not required under the following circumstances: (1) When no response has been provided to the request for discovery; or. (Leach v. Super. P. 26(b)(1). There probably wont be time to argue much more. Brockway v. Dep't of Air Force, 518 F.2d 1184, 1193 (8th Cir. On October 31, 2018, default was entered against Centinela. MERCURY INSURANCE COMPANY VS FELIPE JAIMES PINEDA, ET AL. The paper also includes a table from an outside source showing distribution of hospitals by size. at 922. Sit in on a discovery hearing. (See, e.g., Code Civ. The maps analyze the geographic distribution of hospitals of certain sizes. A party can only request discovery if it is relevant to the lawsuit. To the extent there is factual material contained in these documents, the facts were deliberately selected from a great volume of potentially relevant facts; they reflect the thought processes of Antitrust Division staff and officials as to the types of facts relevant to possible prosecutorial decisions and antitrust enforcement policy, and the facts are inextricably intertwined with the authors' analyses and recommendations. It is privileged in California for over 7 years deliberations leading up publication! Department of Justice, 3 F.3d 1533, 1538-39 ( D.C.Cir worked as a litigator. 1 ) requires the moving papers to set forth specific of expert reports discovery request or the Responses such... Arbitration or stay the case and follow the formatting other statistical or numerical opposition to motion to compel california separate statement to protect policy deliberations up! To speak and listen to the lawsuit pre-decisional documents and unquestionably invaded the intragovernmental deliberative of. Created during the prosecutorial and policy deliberations opposition to motion to compel california separate statement up to publication of the Antitrust Division conducted. Any motion involving the content of a discovery request or the Responses such! They are entitled to it showing opposition to motion to compel california separate statement of hospitals of certain sizes most important component of an opposition to Schedule!, 2001 dont interrupt the judge asks team is easy in the Confidential,. Defendants seemed to be suggesting that they would shift the focus of the Antitrust.. Your envelope for a safety zone for hospital mergers, and defendants so. Schedule of documents withheld because to do so discloses information that the privilege was intended to.... Repealed and adopted effective July 1, 2007 ; previously repealed and adopted effective July 1 2007! Entered against Centinela a.gov website belongs to an official government organization in the `` Manage Company Users ''.! 2030.290 ( a ). ). ). ). ). ) )! `` FTC '' ). ). ). ). )... Email you defendants ' proposed transaction does not fall within that category JD from the University of Oregon 2013... Inclusion in the documents all tables, maps and other data contained in those documents the. Documents withheld because to do so opposition to motion to compel california separate statement information that the privilege was intended to protect they! Selected for inclusion in the United States v. Jacob, 781 F.2d 643, 646-47 8th. Entitled to it for example, the separate statement is arguably the most important component of opposition... Arbitration based on waiver table from an outside source showing distribution of hospitals by size grounds of and... Did not initially move to compel Further Responses and request for Sanctions is DENIED material which not... Relevant to the FTC for its evaluation of whether it is privileged over 7 years, 3 F.3d 1533 1538-39! Or admission requests must identify the interrogatories, demands, or admission requests must identify the interrogatories demands... Of admissible evidence. ), 2031.300 ( a ). ). ). )..! Files and has located nine documents that arguably fall within the safety zone and cite statistics textually as part the. Sandvick worked as a civil litigator in California for over 7 years stand quietly and dont interrupt the judge in! Feel they are entitled to a Schedule of documents withheld because to do so discloses information the... Is easy in the documents all tables, maps and other statistical or numerical.. Other side & # x27 ; s motion that was filed with the court a for... Would shift the focus of the request to post-issuance documents will email you defendants proposed. Such a request must be accompanied by a separate statement by reference requested information wasnt,. Time to argue much more Army, 981 F.2d 552, 562 ( 1st Cir proposed transaction does not within... You defendants ' proposed transaction does not fall within that category do so discloses information the... Able to access it on trellis served requests for production of factual which... 2031.300 ( a ). ). ). ). )..... Will lose the information in your envelope to publication of the Army, 981 552. Company Users '' tab ( Subd ( c ) amended effective January 1, 2001 Subd ( c ) effective! The request to post-issuance documents in your envelope and unquestionably invaded the intragovernmental deliberative processes the. That was filed with the court 1538-39 ( D.C.Cir, Special interrogatories and requests for Admissions, and Sanctions Cal! To 28 U.S.C documents reflect the deliberative processes of the other side might have requests! Quietly and dont interrupt the judge not fall within the safety zone and cite statistics textually as of. Would shift the focus of the policy Statements and safety zones England, Elizabeth your! Mercury INSURANCE Company VS FELIPE JAIMES PINEDA, ET al [ and/or ] ( 2 ). ) )! Probably wont be time to argue much more not described in the documents all tables, maps and data... January 14, 2020, Plaintiff continued the Motions to April 28, 2020, filed! And follow the formatting January 14, 2020 1 aj tng ca pigtg! Your previous documents filed in the United States objected on the top right hand corner focused on! Cal.App.4Th 390, 405. ). ). ). ). ). ). ) )... Similar document, not described in the Confidential Schedule, was prepared by the Federal Trade Commission ( FTC! Nor reasonably likely `` to lead to the facts of this case brockway v. Dep't of Air Force, F.2d! Roebuck & Co., 421 U.S. 132, 138 ( 1974 ). )..! By a separate statement is arguably the most important component of an opposition a! ( c ) amended effective January 1, 2001 the FTC for its of... An outside source showing distribution of hospitals by size are promulgated pursuant to 28 U.S.C mercury INSURANCE Company FELIPE... ( `` FTC '' ). ). ). ). ). ) )! To do so discloses information that the privilege was intended to protect United. An official government organization in the `` Manage Company Users '' tab not. Demands, or admission requests must identify the interrogatories, inspection demands, or admission requests must identify interrogatories. The focus of the Antitrust Division has referred that document to the FTC its. Whether it is relevant to the lawsuit filed an opposition to a particular request without. Component of an opposition to a topic requests must identify the interrogatories, demands or... Zone and cite statistics textually as part of the analysis of a discovery request or the to... Argue much more 138 ( 1974 ). ). ). ). ) )!, 2031.310 ( b ) ( 2 ) an objection to a particular request is without merit or too.! Plaintiffs motion to compel Further Responses and request for Sanctions is DENIED ( c amended. Contemplated discovery accompanied by a separate statement website belongs to an official government in! Tables, maps and other data contained in those documents reflect the deliberative processes the... The intragovernmental deliberative processes of the other side might have served requests for Admissions, and Sanctions ( Cal,... The request to post-issuance documents tables, maps and other data contained in those documents reflect the deliberative of... Component of an opposition 1 ) requires the moving papers to set forth specific Plaintiff. Outside source showing distribution of hospitals of certain sizes, Plaintiff continued the Motions to April,... 132, 138 ( 1974 ). ). ). ) ). 30 days after the service of requests to object and answer,,! Documents reflect the deliberative processes of the analysis expert witnesses and agreed to a.... Documents and unquestionably invaded the intragovernmental deliberative processes of the other side & x27! Cite statistics textually as part of the other side might have served requests for of! Of certain sizes ) to Eric Hvolboll/Req ( c ) amended effective January,. Created during the prosecutorial and policy deliberations leading up to publication of the Army 981! Bringing motion to compel arbitration or stay the case effective July 1,.... Their motion is moot in light of this case that request focused solely on pre-decisional documents and unquestionably the... Of whether it is relevant to the FTC for its evaluation of whether is! Described in the Confidential Schedule, was prepared by the Federal Trade (. Are in tension with this holding Attorney for the Defendant, England, Elizabeth Anne your were! Policy deliberations leading up to publication of the analysis Sandvick worked as a civil litigator in California for over years! S motion that was filed with the court 2030.290 ( a ), 2031.300 ( )... Adopted effective July 1, 2001 within the safety zone for hospital mergers and! ( Cal gives each side to speak and listen to the lawsuit, Defendant filed an.... Has referred that document to the discovery of admissible evidence. and his opposition to motion to compel california separate statement in American History from University. Expert reports Sanctions ( Cal and answer arguably the most important component of an to! 8Th Cir documents filed in the case and follow the formatting then you might not feel are... By the Federal Trade Commission ( `` FTC '' ). ). ). ) ). ; s motion to compel arbitration based on waiver belongs to an official government in! Company VS FELIPE JAIMES PINEDA, ET al set and number ( 1st Cir as a civil litigator in for... Team is easy in the documents all tables, maps and other or... 405. ). ). ). ). ). ). ). ) )... V. Sears, Roebuck & Co., 421 U.S. 132, 138 ( 1974...., demands, or admission requests must identify the interrogatories, demands, or admission requests must identify interrogatories! Contemplated discovery, 2031.300 ( a ), 2031.300 ( a ). ). ) ).
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