HOQUE, et al. vs RICAFORT, et al.

23CV044717: HOQUE, et al. vs RICAFORT, et al. 08/26/2026 Hearing on Motion to Compel Discovery Responses from Third Parties Paul Hermann and Five Star Networking, Inc.; filed by NAOMI HOQUE (Plaintiff) + CRS# 086606973610 in Department 19

Tentative Ruling - 08/25/2026 Joscelyn Jones

The Hearing on Motion to Compel Discovery Responses from Third Parties Paul Hermann and Five Star Networking, Inc.; filed by NAOMI HOQUE (Plaintiff) + CRS# 086606973610 scheduled for 08/10/2026 is continued to 10/12/2026 at 03:00 PM in Department 19 at Rene C. Davidson Courthouse.

Plaintiffs’ “Motion to Compel Production of Documents or Statement of Inability to Comply from [nonparties] Paul Hermann and Five Star Networking Inc., Along with Associated Discovery Sanctions” is CONTINUED to October 12, 2026 at 3:00 p.m. in Department 19.

In the opposition brief, attorney Shannon Jones (appearing on behalf of Paul Hermann and Five Star Networking Inc. (“FSN”) for purposes of this motion only) states that she does not oppose an order requiring Hermann and FSN to produce documents responsive to the subpoenas at issue by August 30. (See opposition brief, page 2, line 9.) Hermann and FSN are therefore ordered to produce the responsive documents by August 30.

The deposition subpoenas at issue request both production of responsive documents and the witness(es) appearance at deposition. Plaintiffs’ Notice of Motion does not request an order that Hermann or FSN appear for deposition. The Court therefore presumes that counsel will meet and confer after the document production and agree on the dates that the depositions will occur, preferably before the continued hearing date for this motion.

In Plaintiffs’ opening brief at page 3, lines 12-15, they request issue sanctions that would preclude testimony by Hermann or FSN. Plaintiffs’ request is DENIED. First, such a request was not made in Plaintiffs’ Notice of Motion. Second, Plaintiffs have not demonstrated that any party in this case prevented Hermann or FSN from producing documents responsive to the subpoena or appearing at deposition. Imposing issue sanctions against nonparties to this case would be meaningless, and it would be inappropriate to impose issue sanctions against parties to this case absent evidence that those parties prevented the nonparties from producing documents or appearing at deposition.

The sole issue to be determined at the continued October 12, 2026 hearing date will be whether to award monetary sanctions to either Plaintiffs or to nonparties Hermann and/or FSN. That determination may rest, in part, on the actions of Plaintiffs, Hermann, and/or FSN prior to the continued hearing date. By no later than October 5, 2026, Plaintiffs and Hermann/FSN may each file and serve a supplemental brief of no more than three double-spaced pages addressing whether they are still seeking monetary sanctions, why, and in what amount.