Sierra
Sierra v. Costco Wholesale Corporation
Opinion
Trial Court Opinion
BACKGROUND
19 On March 26, 2024, defendant Costco filed two nearly identical motions to dismiss. The 20 first was filed pursuant to Federal Rules of Civil Procedure 33 and 37 for dismissal due to plaintiff’s 21 failure to respond to defendant’s Special Interrogatories, Set One, lack of preparation in discovery, 22 and failure to adequately meet and confer. Dkt. No. 67. The second was filed pursuant to Federal 23 Rules of Civil Procedure 34 and 37 for plaintiff’s failure to respond to defendant’s Requests for 24 Production of Documents, Set One, lack of preparation in discovery, and failure to adequately meet 25 and confer pursuant. Dkt. No. 68. Costco also seeks to recover “reasonable expenses” incurred in 26 27 the amount of $2,650. In the alternative, Costco requests an order compelling plaintiff to provide verified responses without objections to defendant’s Requests for Production of Documents, Set One, and Special Interrogatories, Set One, and requests that the fact discovery cut-off date be pushed back from April 26, 2024 to July 26, 2024 solely for Costco. Plaintiff filed one opposition on April 9, 2024 indicating that substantive, verified…