TENTATIVE RULING ON PLAINTIFF’S MOTIONS TO COMPEL DISCOVERY AND DEFENDANT OPTUM360’S MOTION FOR PROTECTIVE ORDER Before the Court for ruling are a total of six motions to compel discovery filed by plaintiff as to defendant Dignity Health dba Mark Twain Medical Center [hereinafter “Mark Twain’] (concerning request for production of documents sets 3 and 4, form interrogatories sets 2 and 3, special interrogatories set 2, and requests for admission set 2) and defendant Optum360’s motion for protective order, all of which were submitted to a discovery referee who filed his report. Defendants have filed objections to the discovery referee’s report.
Defendant Mark Twain’s primary objection to three of the motions is the contention that plaintiff’s motions were filed on the 46th day after service of the discovery responses, thus ending this Court’s jurisdiction concerning the matter. As a practical matter, defendant will be unable meet its burden of proof in contending the motions were filed