Dekker

Dekker v. Vivint Solar, Inc.

Good Law
United States District Court, Northern District of CaliforniaJuly 20, 20223:19-cv-07918California1,814 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GERRIE DEKKER, Plaintiff, No. C 19-07918 WHA

v.

VIVINT SOLAR, INC., et al., ORDER RE MOTION FOR LEAVE

TO AMEND ADMISSIONS

Defendants.

15 16 In this unfair business practices class action suit, plaintiff failed to respond to defendants’ first set of requests for admission, so those 82 RFAs were all deemed admitted. Plaintiff now moves for relief from her failure and to provide new responses. To the extent stated, the motion is GRANTED IN PART and DENIED IN PART. Thirty days before the close of fact discovery, on March 1, 2022, defendant Vivint Solar Inc., in its various corporate forms, served 82 RFAs on representative plaintiff Gerrie Dekker. The deadline for responding to those RFAs came and went without plaintiff serving any answers or objections. Now counsel claims oversight: Although my legal assistant prepared draft responses to both the Special Interrogatories and RFAs, my team and I mistakenly …

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