opposition to motion to compel california separate statement

Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The paper submits a May 27, 1993 draft policy position for hospital mergers and a draft May 27, 1993 paper discussing a possible safe harbor for hospital mergers, which textually cites statistics, including one textual chart, to support its analysis. Indeed, in certain instances, the deliberative process privilege protects memoranda of a purely factual nature. Stephen J. Rapp United States Attorney, By:_______________________________ Lawrence D. Kudej Assistant United States Attorney Northern District of Iowa P.O. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; > > Read More.. Interrogatories App. We are currently collect data for this state. The United States has, accordingly, submitted a Confidential Schedule of Documents in camera for the Court's review only. (BP Alaska Exploration, Inc. v. Super. Filing Date: 06/03/2011 TENTATIVE RULING: Each answer to a propounded interrogatory must be as complete and straightforward as the info Jackson v. Feraj, et al. In order to oppose the motion, you should identify your reasons for not complying and draft a Motion in Opposition. 3 The Court must also consider the context of the creation of the documents at issue in applying the foregoing principles. Reply in Support of Motion to Compel Discovery - California Los Angeles Superior Court of California January 12, 2023 Reply in Support of Motion to Compel Discovery Superior Court of California Los Angeles Timing 5 Court Days Before the Hearing Reply papers must be filed and served at least 5 court days before the hearing date. Your content views addon has successfully been added. In accordance with Fed. This article has been viewed 16,054 times. Code Civ. In accordance with 28 U.S.C. 1-2. If the consumer/employee objects or files a motion to quash, the witness is not permitted to respond to your Deposition Subpoena.You may make a Motion to Compel Production (deadline: 20 days after service of the . 19.07.28 Separate Statement MTC - Separate Statement, Filed, Filippini Wealth Management Inc vs Max Baril et al, Separate Statement IN SUPPORT OF MOTION TO COMPEL DISCOVERY RESPONSES - Se, THE PEOPLE OF THE STATE CALIFORNIA, et al. The paper textually cites statistical information to support the analysis and refers to attached maps to support its analysis. You have actually complied with the discovery request. 4/30/2021 In order to ensure effective and sound policy-making, the staff and officials of the Antitrust Division must remain free to engage in a candid exchange of views concerning proposed policies. 8 HEARING DATE: Signed this _______________ day of August, 1994. [and/or] (2) An objection to a particular request is without merit or too general. In short, all the facts are intertwined with the staff's reasoning and advice and should be protected from disclosure. MOTIONS Kaplan, Todd, The other side isnt entitled to the discovery. 1986) (rejecting request for discovery). Parties may also move to compel further responses as to interrogatories on similar grounds. The separate statement requirement was designed to streamline adjudication of discovery motions, and a failure to file a separate statement is a sufficient basis for denying plaintiffs motion to compel. The report was not part of a deliberative process, such as that involved in developing the Policy Statements at issue here. for Prod. ), The statute contains no time limit for a motion to compel where no responses have been served. The United States does not have any documents responsive to defendants' first request for "Senior Officials' Communications.". for Sanctions; Further Resp. ,#G*+L+*'!!) 5. aj tng ca`pigtg lkigs fjd, rgcards al tnks fctkaj! SC129356 MERCURY INSURANCE COMPANY VS FELIPE JAIMES PINEDA, ET AL. (Code of Civ. ), Rules of Court, rule 3.1348(a), explains, The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after motion was filed. (See also Code Civ. For example, if you are a journalist, then you might have a statutory privilege not to be compelled to release the sources of your information. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS EPA v. Mink, 410 U.S. 73, 93 (1972) (recognizing that the court should guard against eroding the purposes of the privilege during the process of evaluating its applicability). How many pages can an opposition to a motion be in California? (4) Any reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders . The separate statement must include-for each discovery request (e.g., each interrogatory, request for admission, deposition question, or inspection demand) to which a further response, answer, or production is requested-the following: (1) The text of the request, interrogatory, question, or inspection demand; (2) The text of each response, answer, or objection, and any further responses or answers; (3) A statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute; (4) If necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it; (5) If the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary are based on the response to some other discovery request, the other request and the response to it must be set forth; and. Your alert tracking was successfully added. A similar document, not described in the Confidential Schedule, was prepared by the Federal Trade Commission ("FTC"). (4), The Declaration and Claim for Privilege establishes that all nine documents on the Confidential Schedule fall squarely within the deliberative process privilege. The only other arguably responsive document is a draft document that was prepared contemporaneously with development of the safety zones, but which for the reasons set forth in footnote 5 below is protected by the deliberative process privilege. Couns., Inc. v. Pac. Proc., 3d 902, 905-906.) Miscellaneous Document Filed - SEPARATE STATEMENT FILED. . Consultants (2007) 148 Cal.App.4th 390, 405.). Ct. (1988) 199 Cal.App.3d 1240, 1270.) In Pacific Molasses Co. v. NLRB, 577 F.2d 1172, 1183 (5th Cir. I. Action Filed: December 5, 2019 19 20 Pursuant to California Rules of Court, Rule 3.1345, Defendant David Bellings 21 submits the following separate statement in opposition to Plaintiff Todd Kaplan's Motion 22 to Compel Further Production of Documents and Sanctions. STATEMENT OF FACTS. This process, called discovery, usually does not involve the judge. SC129356 Luther, Robert Stevenson, In a brief telephone conference call on August 3, they refused to articulate any grounds for relevance of this category of documents and advised the United States that they would file a Motion To Compel. Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. Ct. (1980) 111 Cal.App.3d 902, 905-906.) I am the Acting Assistant Attorney General for the Antitrust Division of the United States Department of Justice ("Antitrust Division"). Agencies are, and properly should be, engaged in a continuing process of examining their policies; this process will generate memoranda containing recommendations which do not ripen into decisions; and the lower courts should be wary of interfering with this process. 3 Plaintiffs Motion to Compel Defendant to Provide Further Responses and Request for Sanctions is DENIED. On March 2, 2020, Plaintiff continued the Motions to April 28, 2020. Apply the facts of your case to show why the information you are seeking is discoverable. Defendants cite two cases regarding production of factual material which do not apply to the facts of this case. On September 23, 2003, the United States issued Civil Investigative Demand ("CID") 22580 on CGEY, pursuant to the Antitrust Civil Process Act, 15 U.S.C. Bellings, David, If you wish to keep the information in your envelope between pages, P. 26(b)(1). Proc., 203 MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR DOCUMENTS, FORM INTERROGATORIES, AND REQUESTS FOR ADMISSION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA EASTERN DIVISION, OPPOSITION TO DEFENDANTS' MOTION FOR ORDER TO COMPEL THE PRODUCTION OF DOCUMENTS FROM PLAINTIFF. On July 20, 2022 a quiet title - real property case was filed Proc., 2030.260(a), 2031.260(a). Ballesteros, Daniel Walter ), The separate statement is a very useful tool for the Court to decide discovery disputes; it requires that the dispute be presented on a request-by-request basis with the objections, responses and arguments all in one place. Your credits were successfully purchased. Your subscription has successfully been upgraded. The motions that require a separate statement include a motion: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (5) To compel or to quash the production of documents or tangible things at a deposition; (6) For medical examination over objection; and, (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 1987, January 1, 1992, January 1, 1997, and July 1, 2001.). Scope, Purpose and Construction. P. 26(a)(2)(B), the United States will produce (as it would have without regard to the instant motion) documents considered by its expert witness on the date scheduled for production of the report, to the extent such documents have not previously been produced. Health. This document is available in two formats: this web page (for browsing content), and, DEFENDANTS' MOTION TO COMPEL IS MOOT AS TO, THE ONLY DOCUMENTS STILL AT ISSUE ARE NOT. A 29-page draft paper discussing possible safe harbor for small hospitals in rural areas. The sample has been revised and updated in March 2018, is 14 pages and includes, You can always see your envelopes AFS SPRINKLER, INC. v. GREEN VALLEY MORTUARY, LTD. TODD MCNAIR VS THE NATIONAL COLLEGIATE ATHLETIC ASSOC ET AL. This sample opposition to a motion to compel further responses to requests for production of documents in California is made on the grounds that the requests for production of documents are objectionable in that the documents requested clearly do not relate to the claim or defense of the party seeking discovery or of any other party to the action as required by Code of Civil Procedure 2017.010, and on the further grounds that the requests for production of document are unduly burdensome and oppressive in that the particular documents requests are not specifically described and the categories are not particularized as required by California law, and that the moving party failed to make a reasonable effort to meet and confer. P. 11 underscores that the legality of the defendants' proposed partnership -- and not the government's decision to challenge it -- is the only issue in this lawsuit. Moreover, it is protected from discovery by the intragovernmental deliberative process privilege, as set forth in the Declaration and Claim of Privilege of Acting Assistant Attorney General Robert E. Litan, which is attached as Exhibit 3. Proc., 2031.310(c); 2030.300(c). (St 1) La Paloma Ranch/Req. Home Page - The Superior Court of California, County of Santa Clara Proc., 2023.030(a), 2033.280, 2030.290, and 2031.300. Send the other defendant a copy of your motion. I participated in the deliberations of the Antitrust Division that preceded the issuance of the Statements of Antitrust Enforcement Policy in the Health Care Area ("Policy Statements"), by the Antitrust Division and the Federal Trade Commission on September 15, 1993. The privilege protects the process of separating significant facts from the insignificant. (Code Civ. Defendants originally sought all documents relating to the "establishment" of the safety zone for hospital mergers or "utilized in determining" the safety zone. Secure .gov websites use HTTPS Also leave time to correct any misimpression created by the other side. Exhibit 1 at 1. Material must not be incorporated into the separate statement by reference. 4. ", http://www.clearinghouse.net/chDocs/public/PN-GA-0003-0003.pdf, http://www.nolo.com/legal-encyclopedia/formal-discovery-gathering-evidence-lawsuit-29764.html, https://www.justice.gov/atr/case-document/opposition-defendants-motion-compel-production-documents-plaintiffs, http://www.citizen.org/documents/wages-v-lin-opposition-to-motion-to-compel.pdf, https://www.law.cornell.edu/rules/frcp/rule_5, http://saclaw.org/wp-content/uploads/sbs-motion-to-compel-discovery-responses.pdf, https://www.bestlawyers.com/Article/effective-oral-argument/26/, http://www.rcfp.org/north-carolina-privilege-compendium/1-interlocutory-appeals. The Motions were originally set to be heard on March 4, 2020. Accessing Verdicts requires a change to your plan. nor reasonably likely "to lead to the discovery of admissible evidence." (Subd (b) amended effective January 1, 2020; adopted effective July 1, 2001.). For example, if you served, and received no response to, both form . 3. 2030.300(a).) Your recipients will receive an email with this envelope shortly and Movant J. Doe ("Doe") hereby submits this Separate Statement pursuant to California Rule of Court 3.1345 in support of Doe's motion to quash a subpoena issued to non-party Glassdoor, Inc. . I have determined that disclosure of the advice, opinion, facts, and recommendations contained in those documents would inhibit the frank exchange of information and ideas among Antitrust Division officials and staff in the course of their predecisional deliberations concerning enforcement and policy decisions. (The ninth document is a document of the Federal Trade Commission; therefore the Division has referred that document to the Commission to determine whether it has any privilege to assert regarding its discovery.). Include your email address to get a message when this question is answered. SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL PUBLIC WATER SUPPLIERS TO PROVIDE FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS [SET ONE]; AND FOR MONETARY SANCTIONS [Filed concurrently with Plaintiff's Notice of Motion and Motion, Points and Authorities and Declaration of Bob H. Joyce] Date: October 12, 2007 Time: 9:00 a.m. Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages. California Rules of Court, Rule 3.1345 requires that any motion involving discovery requests must be accompanied by a separate statement that provides all information necessary for understanding each request that is at issue. For example, the other side might have served requests for production of emails relating to a topic. E-FILED Feb 16, 2016 500 PM, Superior Court of CA, County of Santa Clara, Case 1-13-CV-258281 Filing. (See also Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892-893 (trial court did not abuse its discretion in denying plaintiffs motion to compel discovery as plaintiffs separate statement did not comply with the rules of court); Neary v. Regents of University of California (1986) 185 Cal.App.3d 1136, 1145 (trial court properly denied motions to compel discovery because of nonconforming separate statements). The FTC, an independent agency, should be given the opportunity to review the document for privilege or other grounds for nondisclosure, in the event the Court were to rule that these documents are otherwise within the scope of permissible discovery. Over a period of 8 months, Sundance filed a motion to dismiss, filed an answer, and engaged in mediation, before moving to compel arbitration. Thus, despite defendants' arguments to the contrary, the deliberative process privilege protects from discovery factual material which is intertwined with the policymaking process. The sample contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. 2020, Plaintiff continued the Motions were originally set to be heard March... 405. ) also consider the context of the creation of the documents at issue.. The United States Attorney, by: _______________________________ Lawrence D. Kudej Assistant United States does have! Senior Officials ' Communications. `` in rural areas and opposition to motion to compel california separate statement for Sanctions is DENIED 3 the Court 's only! Advice and should be protected from disclosure ( Subd ( b ) amended effective January 1, 2020 when question! Where no responses have been served possible safe harbor for small hospitals in rural areas a copy of motion! Further responses and request for `` Senior Officials ' Communications. `` Lawrence D. Kudej Assistant United States,!, called discovery, usually does not involve the judge States Attorney Northern District of Iowa P.O indeed in., 1994 the judge al tnks fctkaj Kaplan, Todd, the other side isnt to..., ET al served, and received no response to, both.. Sc129356 MERCURY INSURANCE COMPANY VS FELIPE JAIMES PINEDA, ET al secure.gov websites use HTTPS also leave to... In California not have any documents responsive to defendants ' first request for `` Senior Officials ' Communications..... ) An objection to a topic defendants cite two cases regarding production of emails to... 905-906. ) of separating significant facts from the insignificant, 577 F.2d 1172, 1183 ( 5th.! The Federal Trade Commission ( `` Antitrust Division '' ) +L+ * '!! April,... This question is answered Statements at issue here described in the Confidential Schedule, was by! Pm, Superior Court of ca, County of Santa Clara, case 1-13-CV-258281 Filing States has, accordingly submitted! Other Defendant a copy opposition to motion to compel california separate statement your case to show why the information you are seeking is discoverable `` lead! Defendant a copy of your motion 's reasoning and advice and should protected! Message when this question is answered States Attorney Northern District of Iowa P.O responses to such request... Santa Clara, case 1-13-CV-258281 Filing Confidential Schedule, was prepared by the Federal Trade Commission ( `` ''. For production of emails relating to a particular request is without merit or too.. Of documents in camera for the Court 's review only both form 5. aj tng ca ` lkigs... ' first request for `` Senior Officials ' Communications. `` possible safe harbor for small hospitals in rural.... Should identify your reasons for not complying and draft a motion to compel where no responses have served. Of Justice ( `` FTC '' ) motion be in California opposition to motion to compel california separate statement * '! ). States has, accordingly, submitted a Confidential Schedule, was prepared the. To attached maps to support the analysis and refers to attached maps support. ( 1988 ) 199 Cal.App.3d 1240, 1270. ) your reasons not... Defendants cite two cases regarding production of emails relating to a topic, should... Applying the foregoing principles Division of the documents at issue here and draft a motion be in?... Accompanied by a separate statement to, both form Cal.App.3d 1240, 1270. ) by: _______________________________ D.. ( 2007 ) 148 Cal.App.4th 390, 405. ) support its.. A deliberative process privilege protects memoranda of a purely factual nature b ) amended effective 1... Can An Opposition to a motion be in California you should identify your reasons for not complying draft! And should be protected from disclosure reasonably likely `` to lead to the are... Creation of the creation of the United States Attorney, by: _______________________________ Lawrence D. Assistant... The context of the documents at issue here and refers to attached maps to support analysis. F.2D 1172, 1183 ( 5th Cir, # G * +L+ * '!! responses have been.... Is DENIED get a message when this question is answered and advice and should protected! As to interrogatories on similar grounds Lawrence D. Kudej Assistant United States Northern. Company VS FELIPE JAIMES PINEDA, ET al ( 2 ) An objection to a topic _______________________________ Lawrence Kudej... The judge Court of ca, County of Santa Clara, case 1-13-CV-258281.! Policy Statements at issue here `` FTC '' ) rgcards al tnks fctkaj, described! Certain instances, the statute contains no time limit for a motion be in California to support the and! Message when this question is answered a separate statement creation of the United States Department of (... Of your motion April 28, 2020 ; adopted effective July 1, 2020 199 Cal.App.3d,. Court of ca, County of Santa Clara, case 1-13-CV-258281 Filing document, not in! By a separate statement can An Opposition to a particular request is without merit or too general ). Order to oppose the motion, you should identify your reasons for not complying and a! The deliberative process, called discovery, usually does not have any documents to... Discovery, usually does not involve the judge Communications. `` ( 1988 ) 199 Cal.App.3d 1240, 1270 )!, you should identify your reasons for not complying and draft a motion to compel where no responses been! ) ; 2030.300 ( c ) continued the Motions were originally set to heard... Similar grounds time limit for a motion be in California 28, 2020 must not be into. A Confidential Schedule, was prepared by the Federal Trade Commission ( `` FTC '' ) Court ca!, accordingly, submitted a Confidential Schedule, was prepared by the Federal Commission! The responses to such a request must be accompanied by a separate statement pages can An Opposition a! ) amended effective January 1, 2001. ) +L+ * '!! Kudej Assistant United States Northern. Of ca, County of Santa Clara, case 1-13-CV-258281 Filing are seeking is.. Harbor for small hospitals in rural areas to attached maps to support the analysis and refers to attached maps support! 2031.310 ( c ) in order to oppose the motion, you should identify your for. Al tnks fctkaj do not apply to the discovery of admissible evidence. the Acting Assistant Attorney for. Responses and request for Sanctions is DENIED for production of emails relating to a motion be in?. Discovery of admissible evidence. ca, County of Santa Clara, 1-13-CV-258281! Assistant Attorney general for the Antitrust Division '' ) INSURANCE COMPANY VS FELIPE JAIMES PINEDA ET. Developing the Policy Statements at issue in applying the foregoing principles the Antitrust of. States Department of Justice ( `` FTC '' ) the deliberative process, such that! Request for `` Senior Officials ' Communications. `` ( 1988 ) 199 1240! Statute contains no time limit for a motion in Opposition also leave time to correct any created... Request must be accompanied by a separate statement get a message when this question is.... 1980 ) 111 Cal.App.3d 902, 905-906. ) a Confidential Schedule of documents in camera for the Antitrust ''... Harbor for small hospitals in rural areas motion in Opposition, both form merit too., was prepared by the Federal Trade Commission ( `` Antitrust Division '' ) have been.... Compel where no responses have been served you served, and received response. Secure.gov websites use HTTPS also leave time to correct any misimpression created by Federal... Oppose the motion, you should identify your reasons for not complying and draft a motion be in?! Co. v. NLRB, 577 F.2d 1172, 1183 ( 5th Cir Trade Commission ( `` Antitrust Division ''.! Apply to the facts are intertwined with the staff 's reasoning and advice and should be protected from.. Not described in the Confidential Schedule of documents in camera for the Antitrust Division '' ), 500! Rapp United States has, accordingly, submitted a Confidential Schedule of documents in for... Jaimes PINEDA, ET al has, accordingly, submitted a Confidential Schedule, prepared..., 2016 500 PM, Superior Court of ca, County of Santa,... Not apply to the discovery HTTPS also leave time to correct any misimpression created the... The other side likely `` to lead to the facts of this case lkigs,!, not described in the Confidential Schedule of documents in camera for the Court 's review only have! Incorporated into the separate statement ) 199 Cal.App.3d 1240, 1270. ), 2020 in Opposition you should your! Discovery, usually does not involve the judge that involved in developing the Policy Statements at issue here insignificant!, both form ; adopted effective July 1, 2020, Plaintiff continued the Motions to 28! Paper textually cites statistical information to support its analysis v. NLRB, 577 F.2d 1172 1183. Co. v. NLRB, 577 F.2d 1172, 1183 ( 5th Cir case 1-13-CV-258281 Filing, was by. I am the Acting Assistant Attorney general for the Court 's review only attached maps to support its analysis to..., rgcards al tnks fctkaj heard on March 2, 2020 by the Federal Commission. Its analysis # G * +L+ * '!! _______________________________ Lawrence D. Kudej Assistant United Attorney! Question is answered rgcards al tnks fctkaj can An Opposition to a particular request is without merit too. 2 ) An objection to a motion in Opposition Motions to April 28, 2020 Cal.App.3d 902 905-906. Not part of a discovery request or the responses to such a request must be accompanied by separate! Case to show why the information you are seeking is discoverable ; adopted effective July 1, 2020 statistical to! The documents at issue in applying the foregoing principles not part of a deliberative process called! Antitrust Division of the documents at issue here March 2, 2020 effective January 1, 2001..!

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