The court denies Defendant Long Beach Healthcare Center LLC’s motion to compel further responses to form interrogatories, set one, and requests for admissions, set one.
Defendant served its discovery on October 9, 2020 by email. Responses were due on or before November 10, 2020.
Plaintiff served unverified responses by email on November 6, 2020, which contained responses and objections. The verifications were then served on November 18, 2020.
As an initial matter, the parties dispute whether an extension of time to respond was granted. Neither counsel candidly presented facts to the court in this regard. (See Rules Prof. Conduct, rule 3.3.) In the motion, defense counsel simply asserted that the responses were late, without any reference to the discussions and the fact that Plaintiff’s counsel understood the October 30, 2020 email as granting an extension of time to respond. (See Mot., at p. 3 & Klein Decl., at ¶¶ 4-5.) In turn, Plaintiff’s counsel failed to include email discussions f
Hearing Date
January 22, 2021
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The court denies Defendant Long Beach Healthcare Center LLC’s motion to compel further responses to form interrogatories, set one, and requests for admissions, set one.
Defendant served its discovery on October 9, 2020 by email. Responses were due on or before November 10, 2020.
Plaintiff served unverified responses by email on November 6, 2020, which contained responses and objections. The verifications were then served on November 18, 2020.
As an initial matter, the parties dispute whether an extension of time to respond was granted. Neither counsel candidly presented facts to the court in this regard. (See Rules Prof. Conduct, rule 3.3.) In the motion, defense counsel simply asserted that the responses were late, without any reference to the discussions and the fact that Plaintiff’s counsel understood the October 30, 2020 email as granting an extension of time to respond. (See Mot., at p. 3 & Klein Decl., at ¶¶ 4-5.) In turn, Plaintiff’s counsel failed to include email discussions f