[WSBARP] Off Topic - Object to Discovery vs. Object and Bring Motion

[scott at scottgthomaslaw.com]

I suppose you could, but I am not certain what that would get for you.
Protective orders are straightforward, which is why I always make OC aware
that mine are based on the form that is posted on the western district’s
website.  Nobody wants their medical records/psychiatric records/tax records
freely tossed around, so OC probably has some interest in stipulating to an
agreed order.  And if I suspect that I am going to have to file a motion to
get an order, I want to be able to tell the judge, “Look.  I know courts
hate discovery disputes, and I did everything humanly possible to avoid
bringing this very routine matter before the court.  But for some unknown
reason, my learned colleague refuses to agree to my very reasonable
stipulated order.”  Or something like that.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, March 2, 2022 9:16 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Off Topic - Object to Discovery vs. Object and Bring
Motion

 

This is helpful; I have read the Magana case over the years.  My question
now is, the Stipulated Order would be nice, but I do not think it will work.
Would it work to file and serve the objection which is combined with a
motion for protective order, but not note it for hearing.  I would also send
a cover letter suggesting a CR 26Ii) conference after he reviews the
objection. 

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
scott.glen.thomas at gmail.com <mailto:scott.glen.thomas at gmail.com> 
Sent: Tuesday, March 1, 2022 7:28 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Off Topic - Object to Discovery vs. Object and Bring
Motion

 

“If a party objects to an interrogatory or a request for production, then
the party must seek a protective order under CR 26(c). CR 37(d). If the
party does not seek a protective order, then the party must respond to the
discovery request. The party cannot simply ignore or fail to respond to the
request.”  Magaña v. Hyundai Motor Am., 220 P.3d 191 (2009).  In the 9th
Circuit, “It is well established that a failure to object to discovery
requests within the time required constitutes a waiver of any objection.”
Richmark Corp. v. Timber Falling Consultants, 959 F.2d 1468, 1473 (9th Cir.
1992).  I doubt most superior court judges will draw that hard line, but
they could, especially if there is a discovery schedule that has been
entered.

 

When responding, I usually file objections and include a draft protective
order with a letter to counsel and a request to discuss.  If I don’t get
anywhere with that, then I schedule a time to confer.  That allows me plenty
of time to work through the issues and preserve objections.  And if I am the
one promulgating the discovery, I will go on the offensive and include a
draft stipulated protective order with the discovery requests.  There is a
good model stipulated protective order on the Western District of Washington
web site that is a starting point and can be modified for state courts:
https://www.wawd.uscourts.gov/sites/wawd/files/ModelStipulatedProtectiveOrde
r.pdf

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Tuesday, March 1, 2022 4:03 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Off Topic - Object to Discovery vs. Object and Bring
Motion

 

Listmates:

 

I am used to serving Interrogatories and Requests for Production, and then
receiving, almost immediately, blanket objections and when the response are
do, getting most answers.  Is it appropriate to timely file objections,
only, to prevent waiving the objections?  When does one file a motion for
protective order under CR 26©?  Does one file the objection, confer with
opposing counsel (CR 26(i)), then seek the protective order?  

 

Jeff Davis.

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220302/4223bfed/attachment.html>