Opinion
2:19-cv-2621 KJM DB
08-02-2021
CARMEL GARCIA; M.Y. AND L.Y., minors by and through their guardian ad litem VANESSA RUIZ; L.Y., a minor by and through his guardian ad litem FRANCISCA URIOSTEGUI, Plaintiffs, v. YUBA COUNTY SHERIFF'S DEPARTMENT; YUBA COUNTY SHERIFF'S DEPUTIES DOES 1-5; CITY OF VACAVILLE; and VACAVILLE POLICE OFFICER DOES 6-10,, Defendants.
ORDER
DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE
On April 16, 2021, defendants filed a motion to compel and award sanctions. (ECF No. 37.) On May 2, 2021, plaintiffs filed an ex parte application to file a late response. (ECF No. 39.) On July 30, 2021, this matter came before the undersigned pursuant to Local Rule 302(c)(1) for hearing of defendant's motion to compel. Attorney Fulvio Cajina appeared via Zoom on behalf of the plaintiffs. Attorney Henry Bernstein appeared via Zoom on behalf of the defendants. Oral argument was heard and the motion was taken under submission.
Upon consideration of the arguments on file and those made at the hearing, and for the reasons set forth on the record at that hearing, IT IS HEREBY ORDERED that:
1. Plaintiffs' May 2, 2021 ex parte application (ECF No. 39) is granted;
2. Defendants' April 16, 2021 motion to compel (ECF No. 37) is granted; and
At the July 30, 2021 hearing defense counsel stated that plaintiffs had produced the discovery at issue on July 28, 2021. Therefore, the undersigned need not set a deadline for production.
3. Within twenty-one days of the date of this order plaintiffs' counsel shall pay defendants $2, 200 in sanctions.
This cost shall be paid solely by plaintiffs' counsel and not passed along to plaintiffs.