In re Bodeau, 17-ap-01455-RK. (2018)
Court: United States Bankruptcy Court, C.D. California
Number: inbco20181119530
Visitors: 17
Filed: Nov. 15, 2018
Latest Update: Nov. 15, 2018
Summary: ORDER ON DEBTOR'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND/OR PRIVILEGE LOG ROBERT KWAN , Bankruptcy Judge . On September 4, 2018, the Court heard argument on Sandra Bodeau's (Debtors) Motion to Compel Oggi's Pizza and Brewing Company (Plaintiffs) to provide further responses to Debtor's First Set of Requests for Production. After considering the papers filed in support of and in opposition to the Motion, and good cause appearing therefore, THE COURT HEREBY ORDERS: The Court's tentati
Summary: ORDER ON DEBTOR'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND/OR PRIVILEGE LOG ROBERT KWAN , Bankruptcy Judge . On September 4, 2018, the Court heard argument on Sandra Bodeau's (Debtors) Motion to Compel Oggi's Pizza and Brewing Company (Plaintiffs) to provide further responses to Debtor's First Set of Requests for Production. After considering the papers filed in support of and in opposition to the Motion, and good cause appearing therefore, THE COURT HEREBY ORDERS: The Court's tentativ..
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ORDER ON DEBTOR'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND/OR PRIVILEGE LOG
ROBERT KWAN, Bankruptcy Judge.
On September 4, 2018, the Court heard argument on Sandra Bodeau's (Debtors) Motion to Compel Oggi's Pizza and Brewing Company (Plaintiffs) to provide further responses to Debtor's First Set of Requests for Production. After considering the papers filed in support of and in opposition to the Motion, and good cause appearing therefore,
THE COURT HEREBY ORDERS:
The Court's tentative ruling, a copy of which is attached as Exhibit 1, is confirmed. Additionally, the $1,625 in sanctions mentioned in the tentative ruling are awarded against Debtor's counsel, Louis H. Altman and Haberbush & Associates, LLP, and not against Debtor personally.
Sanctions shall be paid within 14 days of the date of entry of this order to Plaintiff's counsel, Grant & Kessler, APC, 1331 India Street, San Diego, CA 92101.
Exhibit 1
United States Bankruptcy Court
Central District of California
Los Angeles
Judge Robert Kwan, Presiding
Courtroom 1675 Calendar
Tuesday, September 4, 2018 Hearing Room 1675
2:30 PM
2:17-17761 Paul Bodeau Chapter 11
Adv#: 2:17-01455 Oggi's Pizza and Brewing Company v. Bodeau et al
#18.00 Hearing re: Motion to compel production of documents and/or privilege log
Docket 16
Tentative Ruling:
Deny defendants' motion to compel production of documents and/or privilege log for the reasons stated by plaintiff in its opposition. The motion is untimely, and it is a violation of the pretrial scheduling order to file the motion well after the discovery cutoff date. The motion could have been filed and heard way before the cutoff date. Award sanctions against defendants in favor of plaintiff of $1,625 representing 5 hours of attorney time at counsel's billing rate of $325 per hour as reasonable attorneys' fees for preparing the opposition to the untimely motion pursuant to FRCP 37(a)(5)(B). Defendants' untimely motion is not substantially justified because it should have been filed to be heard before the discovery cutoff date. However, the court does not award fees for the work before the discovery cutoff date because arguably the need for the work could have been substantially justified by a proper motion to compel if timely filed. Appearances are required on 9/4/18, but counsel may appear by telephone.
Party Information
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard
David R Haberbush
Vanessa M Haberbush
Louis H Altman
Defendant(s):
Paul Bodeau Represented By
Vanessa M Haberbush
Louis H Altman
Sandra Bodeau Represented By
Source: Leagle
