Opinion
Case No. C 04-1655 PVT.
October 5, 2004
On September 14, 2004 Plaintiff filed a motion to compel disclosures. Defendants Curtis O. Barnes, P.C. and Curtis Barnes ("Defendants") failed to file any opposition to the motion. Having reviewed the papers submitted by the parties, the court finds it appropriate to rule on the motion without oral argument. Based on the moving papers, and the file herein,
The holding of this court is limited to the facts and the particular circumstances underlying the present motion.
IT IS HEREBY ORDERED that Plaintiff's motion to compel initial disclosure is GRANTED. No later than October 12, 2004, Defendants shall produce to Plaintiff all current and prior addresses and telephone numbers they have for Defendant Roy Bell.
IT IS FURTHER ORDERED that, no later than October 12, 2004, Defendants shall file a declaration showing cause why they should not be sanctioned pursuant to Rule 37 (a)(4)(A) of the Federal Rules of Civil Procedure. Defendants disclosed Roy Bell's name in their initial disclosures pursuant to Rule 26(a)(1)(A), but refused to disclose any address or phone number information from his personnel file without any apparent justification.
IT IS FURTHER ORDERED that, no later than October 12, 2004, Plaintiffs shall file a declaration setting forth the attorneys fees they incurred in bringing this motion. See, CIVIL L.R. 37-3(b)(3).