Premier Floor Care, Inc. v. Albertsons Companies, Inc.

Opinion

1 2 3 7 8 PREMIER FLOOR CARE, INC., Case No. 21-cv-04188-EMC (RMI) 9 Plaintiff, 10 y. ORDER RE: DISCOVERY DISPUTE Re: Dkt. No. 57 11 ALBERTSONS COMPANIES, INC., et al., 12 Defendants.

14 Now pending before the court is the Parties’ jointly-filed discovery dispute letter brief (dkt. 3 15 57), which came on for oral argument on February 15, 2024 (dkt. 60). As stated on the record, a 16 || Plaintiff failed to “detail the basis for [its] contention that it is entitled to the requested discovery 3 17 || and show how the proportionality and other requirements of Fed. R. Civ. P. 26(b)(2) are satisfied.” 18 See Lofton v. Verizon Wireless (VAW) LLC, 308 F.R.D. 276, 280-81 (N.D. Cal. 2018). In essence, 19 Plaintiff simply asserted that it has served discovery responses, that it was dissatisfied, and that it 20 wants an order compelling further responses. See Ltr. Br. (dkt. 57) at 3. As the court explained on 21 the record, Plaintiff failed to bear its burden of showing why the discovery it seeks is relevant to 22 any claim or defense underlying this litigation, and why Defendant’s responses were inadequate or 23 why Defendant’s objections were unjustified. Hence, Plaintiff’s motion to compel is DENIED. 25 Dated: February 22, 2024 26 Ml Z 27 R@BERT M. ILLMAN 28 United States Magistrate Judge