Case Title:SOHNI AHLUWALIA VS. ANNE KERR KENNEDY LHEUREUX ET AL
Court Date:FEB-07-2018 09:30 AM
Calendar Matter:Motion For Terminating Sanctions Or To Compel The Deposition Of Plaintiff Sohni Ahluwalia And For Monetary Sanctions, Per 11/17 Ex Parte Order [Oppos 11/29; Reply 12/04; Ex Parte Papers Are Moving Papers]
Rulings:The matter is on calendar for Wednesday, February 7, 2018, Line 7, Motion For Terminating Sanctions Or To Compel The Deposition Of Plaintiff Sohni Ahluwalia And For Monetary Sanctions. Defendants Anne and Matthew L’Herureux’s motion for terminating sanctions is granted. Ms. Ahluwala’s repeated failure to attend her deposition without providing any admissible evidence supporting a medical or other excuse shows that she has no intention to sit for a deposition in this case. Under these circumstances, the prejudice to defendants from Ms. Ahluwala’s discovery abuse cannot be remedied by anything short of terminating this case in favor of defendants. At the January 10, 2018 hearing the court stated that Ms. Ahluwala must make herself available for a deposition on a mutually agreeable date on or before February 2, 2018 or the motion for terminating sanctions will be granted. This was also stated in the order filed on the same date. Without legal justification, Ms. Ahluwala refused to attend her deposition that was scheduled for February 2, 2018. Since this case is being terminated in favor of defendants, it would be unnecessarily punitive to also grant defendants’ request for monetary sanctions. Any party who contests a tentative ruling must send an email to firstname.lastname@example.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Defendants may submit on the tentative ruling without appearing for the hearing only if Ms. Ahluwala has stated in writing or orally that she will not appear at the hearing. Counsel for the defendants is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and a proposed judgment of dismissal and must bring them to the hearing or email them to email@example.com prior to the hearing even if the tentative ruling is not contested.