Summary
The United States District Court for the Northern District of California denied Plaintiff Nicholas A. Ventura’s motion to compel responses to special interrogatories and his request for sanctions. The court concluded that the interrogatories were not properly served and that discovery was sought before the parties held the required Rule 26(f) conference.
Holdings
- Because Plaintiff did not properly serve the interrogatories under Federal Rules of Civil Procedure 5(b) and 33, Defendants were not obligated to respond.
- Parties may not seek discovery before holding a Rule 26(f) conference, and the conference identified by Defendants did not satisfy that requirement.
- Plaintiff was not entitled to attorney fees as sanctions in connection with the unsuccessful motion to compel.
Questions Presented
- Whether Defendants were required to respond to Plaintiff's special interrogatories when the requests were not properly served under the Federal Rules of Civil Procedure.
- Whether Plaintiff could seek discovery before the parties held a qualifying Rule 26(f) conference.
- Whether Plaintiff was entitled to attorney fees as sanctions in connection with the motion to compel.
Disposition
other
Cases Cited (1)
- Rovio Entertainment Ltd. v. Royal Plush Toys, Inc., 907 F. Supp. 2d 1086, 1099 (N.D. Cal. 2012)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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