Opinion
Case No. 2:10-cv-01943-KJD-GWF.
April 20, 2011
ORDER Motion to Compel (#18)
This matter is before the Court on Plaintiff Colony Insurance Company's Notice of Motion and Motion to Compel Discovery From Defendants Harold Kuehn, Thomas Gibson and Gibson Kuehn, LLP (#18), filed March 29, 2011.
Plaintiff requests an order compelling 1) Defendant Harold Kuehn to respond to Colony Insurance Co.'s first set of interrogatories and first set of requests for production; 2) Defendants Thomas Gibson and the law firm of Gibson Kuehn, LLP to respond to Colony Insurance Co.'s first set of requests for production; and (3) Defendant Kuehn, Gibson and Gibson Kuehn to provide their Fed.R.Civ.P. 26 initial disclosures. (#18). To date, no party has responded to this motion and the time for opposition has now passed. LR 7-2(d) states in pertinent part, that "[t]he failure of an opposing party to file points and authorities in response to any motion shall constitute a consent to the granting of the motion." As a result, the Court will grant Plaintiff's motion to compel (#18).
In addition, because Defendants failed to timely respond to Plaintiff's discovery requests, Defendants shall substantively respond without objection. A party who fails to serve responses or objections in a timely manner has waived any and all objections to discovery requests. Fed.R.Civ.P. 33(b), 34(b); Richmark Corp. v. Timber Falling Consultants, 959 F.2d 1468, 1473 (9th Cir. 1992) (finding waiver of objections due to untimely response to requests for production); David v. Fendler, 650 F.2d 1154, 1160 (9th Cir. 1981) (finding waiver of objections due to untimely response to interrogatories). See also Senat v. City of New York, 255 F.R.D. 338, 339 (E.D.N.Y. 2009) (stating that "there is consistent authority that a failure to serve timely responses to interrogatories and document requests serves as a waiver of objections."); Ramirez v. County of Los Angeles, 231 F.R.D. 407, 409-10 (C.D.Cal. 2005). Accordingly,
IT IS HEREBY ORDERED that Plaintiff Colony Insurance Company's Motion to Compel Discovery From Defendants Harold Kuehn, Thomas Gibson and Gibson Kuehn, LLP (#18) is granted as follows:
1. Defendant Harold Kuehn shall substantively respond without objection to Plaintiff's first set of interrogatories and first set of request for production by May 9, 2011;
2. Defendants Thomas Gibson and the law firm of Gibson Kuehn, LLP shall substantively respond without objection to Plaintiff's first set of requests for production by May 9, 2011; and
3. Defendant Kuehn, Gibson and Gibson Kuehn shall provide their Fed.R.Civ.P. 26 initial disclosures to Plaintiff by May 9, 2011.IT IS FURTHER ORDERED that the hearing on this matter scheduled for Thursday, April 28, 2011 is vacated.