Bal Seal Engineering, Inc. v. Nelson Products, Inc. et al, 8-13-cv-01880 (CACD February 12, 2018, Order) (Scott, MJ)
Wednesday, February 14, 2018
Serving Responses to Contention Interrogatories Near Close of Fact Discovery Justifies Monetary Sanctions Against Defendant and Counsel
The court granted plaintiff's motion for monetary sanctions against defendant and its counsel following plaintiff's successful motion to compel further contention interrogatory responses because defendant's behavior was not substantially justified. "[Defendant] now asserts that it was 'substantially justified in relying upon the existing, valid legal authority directly on point' to delay responses to the Contention Interrogatories. The authorities [defendant] cites, however, do not justify a refusal to respond to contention interrogatories until the last few days before the discovery cut-off. . . . [W]hile [defendant] cites cases for the proposition that responses may be delayed until discovery is 'almost complete,' none stand for the unreasonable conclusion that a responding party can wait until the discovery period is over before responding to demands."