Rose v. Qdoba Restaurant Corporation

Background

Linda Chao Rose and Nathaniel Rose brought claims against Qdoba Restaurant Corporation based on an incident in which Linda Rose sustained bodily injuries. The claims were for negligence, breach of implied warranty, and loss of consortium.

Qdoba stated that it served discovery requests by email on October 19, 2022, but that the plaintiffs had not responded. The requests included interrogatories, requests for documents, and authorizations concerning medical, employment, health-insurance, X-ray, no-fault, and statement records. Qdoba also described unsuccessful efforts to discuss the outstanding discovery with the plaintiffs’ counsel.

Qdoba moved to compel responses within 10 days and requested reasonable attorney’s fees incurred in bringing the motion. The plaintiffs did not timely file a memorandum opposing the motion, affidavits, or exhibits, and did not request an extension.

Court’s analysis

The court determined that the plaintiffs’ failure to file a response allowed it to cancel the hearing and decide the motion without oral argument. The court also treated the plaintiffs’ lack of a response as non-opposition to the motion.

The court reviewed Qdoba’s motion and supporting documents. It found that Qdoba’s discovery requests were relevant, proportional to the needs of the case, and not unduly burdensome for the plaintiffs. The court therefore found sufficient grounds to compel responses.

Because the plaintiffs’ failure to respond to discovery and to participate meaningfully in efforts to resolve the dispute required Qdoba to bring the motion, the court awarded Qdoba reasonable attorney’s fees. The court did not set the fee amount in this order. Instead, it required Qdoba to file an affidavit describing the time spent, requested hourly rate, expenses, and other relevant facts. The plaintiffs may file objections within seven days after that affidavit is filed.

Ruling

Magistrate Judge Tony N. Leung canceled the January 9, 2023 hearing and granted Qdoba’s Motion to Compel Discovery Responses. The plaintiffs must fully respond to Qdoba’s discovery requests within 10 days of the order. Qdoba must file its fee affidavit within 14 days, and the plaintiffs may object within seven days after filing.

The court warned that continued failure to comply with discovery obligations or court orders could lead to additional sanctions, including costs, attorney’s fees, limits on evidence, striking pleadings, dismissal with prejudice, or default judgment. The court did not impose those additional sanctions in this order.