Sierra v. Costco Wholesale Corporation

Background

Costco filed two motions under Federal Rules of Civil Procedure 33, 34, and 37. The first sought dismissal based on Zoila Sierra’s alleged failure to answer special interrogatories, lack of preparation for discovery, and failure to adequately meet and confer. The second raised similar arguments concerning requests for production of documents. Costco also requested reasonable expenses and, alternatively, an order requiring complete, verified discovery responses without objections and extending the fact-discovery deadline for Costco alone.

Costco served the discovery requests on January 12, 2024, and responses were due February 12, 2024. Sierra’s counsel requested additional time, but Costco did not agree. Sierra later served verified responses on March 28, 2024. The responses included numerous objections. Sierra opposed dismissal but did not oppose extending the discovery deadline for Costco to July 26, 2024.

Rule 37 Standard

The court explained that Rule 37 permits sanctions for failing to obey a discovery or scheduling order, including dismissal in extreme circumstances. Dismissal generally requires willfulness, bad faith, or fault, and the court must consider less severe alternatives. The court also noted that a party that does not timely object to discovery generally waives the objection unless the court excuses the delay for good cause.

Court’s Analysis

The court found dismissal inappropriate at that time. The parties had not previously brought discovery disputes to the court, the court had not issued a discovery-related order, and Sierra’s counsel therefore had not disobeyed such an order or a pretrial scheduling order. The court acknowledged counsel’s history of late discovery responses and prior orders requiring counsel to explain possible failure to prosecute, but concluded that dismissal was premature.

The court also found it premature to order Sierra or her counsel to pay Costco’s reasonable expenses. It warned that failure to comply with the order could lead to dismissal or an order requiring Sierra’s counsel to pay Costco’s reasonable expenses incurred in filing the motions.

Disposition

The court DENIED IN PART Costco’s motions to dismiss. It ordered Sierra to serve complete responses to the special interrogatories and requests for production, without objections and in compliance with the Federal Rules of Civil Procedure and local rules, by May 30, 2024. The court also GRANTED Costco’s request to extend the discovery cutoff through July 26, 2024, for Costco only.