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United States of America v. 34

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 13, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
34,196 RENTABLE SQUARE FEET, MORE OR LESS, AT 3870 ROSIN COURT, SACRAMENTO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

SUMMARY ORDER

Previously pending on this court's law and motion calendar for November 8, 2012, was Plaintiffs' motion to deem requests for admissions admitted, filed October 12, 2012, and motion to compel production of documents and further responses to interrogatories, filed October 15, 2012. Lynn Ernce appeared for plaintiff. Michael Betz represented defendants. After reviewing the joint statement filed November 2, 2012, and having heard oral argument, the court now issues the following summary order.

Except for four interrogatories, to which defendants did substantively respond, the court finds that defendants' responses to the remainder of discovery were unacceptable, as set forth at hearing. Further responses for all such discovery will be ordered.

With respect to interrogatories numbered 7, 8, 9, and 10, defendants made boilerplate objections including those based on the attorney-client privilege and work product protection.*fn1 Nevertheless, defendants did also provide substantive responses to these four interrogatories. In light of the directives at hearing regarding the propriety of defendants' responses and the lack of merit to their objections to these interrogatories, it is unclear if defendants intend to amend these responses. Therefore, based on the impermissibility of their previously stated objections, defendants are directed to supplement these responses with material facts, if necessary.

For the reasons stated at hearing, IT IS ORDERED that: 1. Plaintiffs' motion for order deeming Requests for Admissions to be admitted, filed October 12, 2012, (dkt. no. 50), is granted as set forth at hearing. Defendants shall respond to the Requests for Admissions, in the manner explained at hearing, within ten days of the November 8, 2012 hearing.*fn2

2. Plaintiff's motion to compel production of documents and further responses to interrogatories, filed October 15, 2012 (dkt. no. 51), is granted. Defendants shall respond to the interrogatories and requests for production, in the manner explained at hearing, within ten days of the November 8, 2012 hearing.


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