KEVIN NIDUAZA VS. VOLKSWAGEN GROUP OF AMERICA,INC. ET AL

Matter on the Law & Motion/Discovery Calendar for Tuesday July 15, 2025, line 8, 2 - PLAINTIFF KEVIN NIDUAZA'S Motion To Compel Defendant Volkswagen Group Of America, Inc.'S Further Responses To Form Interrogatories, Set One, And Request For Monetary Sanctions

Plaintiff Kevin Niduaza seeks to compel further responses to certain of his form interrogatories. Defendant Volkswagen Group of America, Inc. provided verified responses to all of the discovery in the four motions at issue today in this case on January 7, 2025.

Niduaza's meet and confer efforts began on February 10, 2025, with a lengthy letter. Volkswagen responded eight days later with another lengthy letter. The parties progressed in agreeing on a protective order that would allow production of confidential documents, and Volkswagen promised to supplement some of its discovery responses and made production of documents after Niduaza filed his motion, but Volkswagen did not respond to an email request to extend Niduaza's deadline to move to compel and Niduaza filed this motion, as he was required to do within 45 days of Volkswagen's responses.

The four discovery motions at issue today are not yet ripe; the parties have not completed their meet and confer efforts. The court faults both parties' diligence in informal resolution efforts: Niduaza did nothing to seek further responses for 30 days, and Volkswagen did not offer the requested extension despite its complaints in its opposition papers that Niduaza did not sufficiently meet and confer. Moreover, trial is not until December and there is ample time for the parties to resolve this dispute informally without requiring the court's intervention.

The court continues this motion for hearing to August 26, 2025. The parties are ordered to meet and confer telephonically or in person concerning all items that remain in dispute. Niduaza shall file a supplemental brief nine court days in advance of the hearing of no more than five pages information the court what disputes remain. Volkswagen may respond with a supplemental brief five court days in advance of the hearing of no more than five pages.

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