CHAPMAN vs LAWRENCE LIVERMORE NATIONAL SECURITY LLC

24CV098072: CHAPMAN vs LAWRENCE LIVERMORE NATIONAL SECURITY LLC 07/07/2026 Hearing on Motion to Compel Discovery (not "Further Discovery") filed by LAWRENCE LIVERMORE NATIONAL SECURITY LLC (Defendant) CRS# 021381713377 in Department 16

Tentative Ruling - 07/02/2026 Victoria Kolakowski

Lawrence Lab's Motion to Compel Document Production is granted in part.

I.

Background

Plaintiff Joseph Chapman filed a Complaint against his former employer, Defendant Lawrence Livermore National Security LLC (Lawrence Lab), arising from alleged disability discrimination and retaliation in violation of the California Fair Employment and Housing Act, among other reasons. (Compl. ¶¶ 11–37, Nov. 1, 2024.) Lawrence Lab filed an Answer generally denying the allegations, among other things. (Answer, Dec. 18, 2024.)

In December 2024, Lawrence Lab served Chapman with a set of document requests. (O’Malley Supp. Mot. Compel ¶ 3, Feb. 9, 2026.) Through request 7, Lawrence Lab requested production of “[a]ll diaries, notes, e-mail, letters, memoranda, recordings, calendars or logs maintained by [Chapman] which contain any reference to, or notations concerning [Chapman’s] employment or the separation of [Chapman’s] employment.” (Id.) In response, Chapman stated: “[Chapman] does not have any responsive documents in his possession, control, or custody despite conducting a diligent search and reasonable inquiry.” (Id.)

At his deposition in September 2025, Chapman testified about the existence of a daily log. (Id. ¶ 4.) Lawrence Lab requested that Chapman produce the daily log at his continued deposition. (Id. ¶ 5.) Chapman did not do so. (Id. ¶ 6.) On February 4, 2026, Lawrence Lab emailed a letter requesting that Chapman produce his daily log within two days. (Id. Ex. F.)

On February 9, 2026, hearing nothing from Chapman, Lawrence Lab moved to compel production of the daily log and for a $5,959.50 sanction upon Chapman. (Mot. Compel.)

Chapman opposed the Motion. (Opp’n Mot. Compel, June 24, 2026.) In it, Chapman stated that following meet and confer efforts with Lawrence Lab, he produced the daily log. (Id. 3:8–9; see also Hemming Decl. Opp’n Mot. Compel Ex. A, at 2:25–3:1, June 24, 2026.)

II.

Discussion

The Motion is moot insofar as Lawrence Lab requested that Chapman produce the daily log. But the Motion remains ripe insofar as Lawrence Lab requested sanctions. The Court finds that a $500.00 sanction upon Chapman and his counsel, jointly, is merited. Chapman acted without substantial justification in failing to fulfil his discovery obligations concerning document request 7, and failing to correct his inaccurate and incomplete response and production when brought to his attention. The reduced sanction is appropriate here as Lawrence Lab’s meet and confer 24CV098072: CHAPMAN vs LAWRENCE LIVERMORE NATIONAL SECURITY LLC 07/07/2026 Hearing on Motion to Compel Discovery (not "Further Discovery") filed by LAWRENCE LIVERMORE NATIONAL SECURITY LLC (Defendant) CRS# 021381713377 in Department 16 efforts on this issue were marginal, and further meet and confer efforts would have likely resolved the production issue without the need of the Court’s intervention.