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  • UNITED NATURAL FOODS, INC. VS AMERICOLD LOGISTICS, LLC, ET AL. Contractual Fraud (General Jurisdiction) document preview
  • UNITED NATURAL FOODS, INC. VS AMERICOLD LOGISTICS, LLC, ET AL. Contractual Fraud (General Jurisdiction) document preview
						
                                

Preview

‘Upe, rior lL Ee unt OF Log a Calitornig SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES SOUTHEAST DISTRIC 14 2ho T/NORWALK COURT “SS Ottcer/ ter, Depur ) Case No. 20STCV03153 UNITED NATURAL FOODS, INC., 6 Plaintiff ORDER/RULING s 8 AMERICOLD LOGISTICS, LLC, ET AL, Defendant 10 12 Defendants’ Motion to Compel Further Responses to Special Interrogatories (Set Four) is DENIED as MOOT. 13 14 Opposing Party to give Notice. 15 Defendants’ Special Interrogatories (set four) was served on April 21, 2021. 1 Plaintiff served its initial responses on May 31, 2021. On September 15, 2021, 17 Plaintiff served supplemental responses. The subject Motion to Compel Further Responses to Special Interrogatories (set four) was filed on September 21, 2021. 18 On September 28, 2021, Plaintiff served second supplemental responses. 19 In Opposition, Plaintiff argues that Defendants’ Motion should be DENIED as MOOT and that sanctions should be awarded in favor of Plaintiff due to Defendants’ failure to adequately meet and confer prior to resorting to motion 21 practice. 22 In Reply, Defendants concede that Plaintiff's second supplemental responses are 23 adequate. Defendants maintain, however, that sanctions in their favor are 2 justified due to Plaintiffs history of gamesmanship and delay in providing code- compliant discovery responses. Defendants maintain that Plaintiff would not have 26 provided code-compliant responses if Defendants had not filed the instant Motion. 27 Where supplemental responses were served after a motion to compel further is 28 filed, the Court has discretion to deny a motion to compel further as moot, and ORDER - 1