Sabel v. City and County of San Francisco
3:16-cv-04832
N.D. Cal.Aug 25, 2017Background
- Defendants moved to compel discovery responses and production of documents, and for sanctions, after plaintiff failed to provide written responses or complete production.
- Plaintiff Norman Sabel, in a civil action against City and County of San Francisco and others, had initial disclosures identifying various documents after the February 14, 2017 requests.
- Plaintiff produced some documents on March 24, 2017 but did not provide written responses or objections to the requests or interrogatories.
- Meet-and-confer efforts occurred; Plaintiff promised responses by dates in April and May 2017 but did not provide them; videos and materials were later produced on May 11, 2017, which defendants deemed largely irrelevant.
- Judge Henderson and later Judge Chen handled case-management and sanctions implications, with counsel Gomes repeatedly missing hearings and failing to appear at conferences, prompting warnings of potential dismissal for noncompliance.
- The court ultimately granted in part the motion to compel, ordered specific document production within two weeks, reserved sanctions for a September 12, 2017 hearing, and instructed counsel to appear.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff must provide written responses to interrogatories and requests for production. | Sabel | City | Grants in part; requires written responses within two weeks |
| Whether documents identified in plaintiff's initial disclosures must be produced. | Sabel | City | Grants; produce identified documents or state non-possession/privilege within two weeks |
| Whether documents identified or referred to in plaintiff's interrogatory responses should be produced. | Sabel | City | Grants; produce non-privileged documents within two weeks of written responses |
| Whether the video of the June 2013 incident should be produced. | Sabel | City | Grants; produce video within two weeks |
| Whether documents relating to the incident, medical records, and prior/litigation with the city or Nikko Bravo should be produced. | Sabel | City | Grants for RFP4, RFP5, and RFP7 (with limitations); produce within two weeks; deny without prejudice RFP6 for lack of information |
| Whether sanctions against plaintiff's counsel are warranted for discovery misconduct. | Sabel | City | Sanctions reserved for September 12, 2017 hearing; potential dismissal if counsel fails to appear |
Key Cases Cited
- Richmark Corp. v. Timber Falling Consultants, 959 F.2d 1468 (9th Cir. 1992) (failure to object in time constitutes waiver)
- Lew v. Kona Hosp., 754 F.2d 1420 (9th Cir. 1985) (sanctions may be imposed for failure to respond; not require willful conduct)
