Bender

Bender v. U.S. Department of Transportation

Good Law
United States District Court, Southern District of CaliforniaMarch 20, 20253:23-cv-00023California300 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA || Raymond BENDER, Case No.: 23-cv-0023-AGS-AHG Plaintiff,| ORDER DENYING PLAINTIFF’S 5 || SANCTIONS MOTION (ECF 32) || UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Defendants. ? Plaintiff moves for Rule sanctions due to the purported inadequacy of the 10 || amended answer. (See ECF 32, at 15); see also Fed. R. Civ. P. 11. In particular, he faults the defense for failing to reveal “the records the U.S. Attorney gathered and reviewed” for that answer (ECF 32, at 15), failing to attach various exhibits and documents with it (see, I3 lle g., id. at 9), and failing to disclose the “bases” of all affirmative defenses, including all 14 |! the “Facts and Law the Government Intends to Raise” (id. at 25). But Rule motions |l«should not be employed as a discovery device or to test the legal sufficiency or efficacy 16 of allegations in the pleadings; other motions are available for those purposes.” Fed. R. liciv. □□□ …

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