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18CV334378
Santa Clara — Civil I
JULIE A. DUNNE, Bar No. 160544 Electronically Filed
jdunnet littler.com by Superior Court of CA,
LITTLER MENDELSON, P.C. County of Santa Clara,
501 West Broadway, Suite 900
San Diego, CA 92101 on 10/28/2019 3:24 PM
Telephone: (619) 232-0441 Reviewed By: R. Walker
Facsimile: (619) 232-4302 Case #18CV334378
Envelope: 3576797
SOPHIA BEHNIA, Bar No. 289318
sbehnia( littler.com
PERRY K. MISKA, JR, Bar No. 299129
pmiska@littler.com
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, CA 94104
Telephone: (415) 433-1940
9 Facsimile: (415) 399-8490
10 Attorneys for Defendant
SAGE INTACCT, INC.
11
12 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 IN AND FOR THE COUNTY OF SANTA CLARA
14
15 THOMPSON LY, individually and on behalf CASENO. 18CV334378
of other members of the general public
16 similarly situated, ASSIGNED FOR ALL PURPOSES TO THE
HON. BRIAN C. WALSH—DEPT. 1
17
Plaintiff, CLASS ACTION—COMPLEX
18
DEFENDANT SAGE INTACCT, INC.'S
19 VS. NOTICE OF MOTION AND MOTION TO
COMPEL FURTHER RESPONSES TO
20 DEFENDANT’S REQUESTS FOR
PRODUCTION, SET ONE AND FOR
21 SAGE INTACCT, INC., and DOES 1 to 10, MONETARY SANCTIONS
22 DATE: January 17, 2020
TIME: 9:00 a.m.
23 Defendants. DEPT.: 1
24
25
26
27
28
LITTLER MENDELSON, PC CASE NO. 18CV334378
2089 Century Park East,
Floor
a 90067 3107
0308 DEFENDANT SAGE INTACCT, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL
PLEASE TAKE NOTICE THAT on January 17, 2020, at 9:00 a.m., or as soon thereafter as
the matter may be heard, before the Honorable Brian C. Walsh in Department 1 of the Santa Clara
Superior Court, 191 North 1st Street, San Jose, California 95113, Defendant SAGE INTACCT, INC.
(“Defendant”) will, and hereby does. move the Court for an order: (1) to amend his Responses to
Defendant’s Requests for Production, Set One (“Request”) Numbers | - 34: (2) to confer in good
faith with Defendant to (a) identify his sources that may contain relevant information (including
those that may have been destroyed and (b) identify what method he is using to search those sources:
(3) to produce documents responsive to Request Numbers 1, 4, 5, 8, 17, 18, 24 - 28, and 30; and (4)
imposing monetary sanctions of at least $15,000 against Plaintiff and his counsel for Defendant's
10 attorneys’ fees and costs incurred in bringing this motion.
1] This motion is brought pursuant to Code of Civil Procedure sections 2031.320 on the
122} grounds that Plaintiff failed to produce documents in response to Request Nos. 1, 4, 5, 8, 17, 18. 24 -
a
1 5) 28, and 30. This motion also seeks sanctions pursuant to Code of Civil Procedure sections 2023.010,
14 2023.030, and 2031.320 on the grounds that Plaintiff misused discovery and has no substantial
IS) justification for opposing this motion.
16 This motion is based upon this Notice of Motion, the attached Memorandum of Points and
Ly? Authorities, the Separate Statement, the supporting Declaration of Perry K. Miska, Jr. and exhibits,
18 all papers and pleadings on file in this action, and such other evidence as may be introduced at the |
19 time of the hearing.
20 Dated: October 28, 2019
eeel
22
22 es
ee,
JULIE A.
23 SOPHIA BEHNIA
24 PERRY K. MISKA
LITTLER MENDELSON, P.C.
25
Attorneys for Defendant
26 SAGE INTACCT, INC.
27
4850-0919-3130.1 099948. 1001
28
uTTueRMi onec 1 CASE NO. 18CV334378
Los Ar DEFENDANT SAGE INTACCT, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL
0308
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18CV334378 Santa Clara — Civil I JULIE A. DUNNE, Bar No. 160544 Electronically Filed jdunnet littler.com by Superior Court of CA, LITTLER MENDELSON, P.C. County of Santa Clara, 501 West Broadway, Suite 900 San Diego, CA 92101 on 10/28/2019 3:24 PM Telephone: (619) 232-0441 Reviewed By: R. Walker Facsimile: (619) 232-4302 Case #18CV334378 Envelope: 3576797 SOPHIA BEHNIA, Bar No. 289318 sbehnia( littler.com PERRY K. MISKA, JR, Bar No. 299129 pmiska@littler.com LITTLER MENDELSON, P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Telephone: (415) 433-1940 9 Facsimile: (415) 399-8490 10 Attorneys for Defendant SAGE INTACCT, INC. 11 12 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 IN AND FOR THE COUNTY OF SANTA CLARA 14 15 THOMPSON LY, individually and on behalf CASENO. 18CV334378 of other members of the general public 16 similarly situated, ASSIGNED FOR ALL PURPOSES TO THE HON. BRIAN C. WALSH—DEPT. 1 17 Plaintiff, CLASS ACTION—COMPLEX 18 DEFENDANT SAGE INTACCT, INC.'S 19 VS. NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO 20 DEFENDANT’S REQUESTS FOR PRODUCTION, SET ONE AND FOR 21 SAGE INTACCT, INC., and DOES 1 to 10, MONETARY SANCTIONS 22 DATE: January 17, 2020 TIME: 9:00 a.m. 23 Defendants. DEPT.: 1 24 25 26 27 28 LITTLER MENDELSON, PC CASE NO. 18CV334378 2089 Century Park East, Floor a 90067 3107 0308 DEFENDANT SAGE INTACCT, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL PLEASE TAKE NOTICE THAT on January 17, 2020, at 9:00 a.m., or as soon thereafter as the matter may be heard, before the Honorable Brian C. Walsh in Department 1 of the Santa Clara Superior Court, 191 North 1st Street, San Jose, California 95113, Defendant SAGE INTACCT, INC. (“Defendant”) will, and hereby does. move the Court for an order: (1) to amend his Responses to Defendant’s Requests for Production, Set One (“Request”) Numbers | - 34: (2) to confer in good faith with Defendant to (a) identify his sources that may contain relevant information (including those that may have been destroyed and (b) identify what method he is using to search those sources: (3) to produce documents responsive to Request Numbers 1, 4, 5, 8, 17, 18, 24 - 28, and 30; and (4) imposing monetary sanctions of at least $15,000 against Plaintiff and his counsel for Defendant's 10 attorneys’ fees and costs incurred in bringing this motion. 1] This motion is brought pursuant to Code of Civil Procedure sections 2031.320 on the 122} grounds that Plaintiff failed to produce documents in response to Request Nos. 1, 4, 5, 8, 17, 18. 24 - a 1 5) 28, and 30. This motion also seeks sanctions pursuant to Code of Civil Procedure sections 2023.010, 14 2023.030, and 2031.320 on the grounds that Plaintiff misused discovery and has no substantial IS) justification for opposing this motion. 16 This motion is based upon this Notice of Motion, the attached Memorandum of Points and Ly? Authorities, the Separate Statement, the supporting Declaration of Perry K. Miska, Jr. and exhibits, 18 all papers and pleadings on file in this action, and such other evidence as may be introduced at the | 19 time of the hearing. 20 Dated: October 28, 2019 eeel 22 22 es ee, JULIE A. 23 SOPHIA BEHNIA 24 PERRY K. MISKA LITTLER MENDELSON, P.C. 25 Attorneys for Defendant 26 SAGE INTACCT, INC. 27 4850-0919-3130.1 099948. 1001 28 uTTueRMi onec 1 CASE NO. 18CV334378 Los Ar DEFENDANT SAGE INTACCT, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL 0308 at