John Thomas Mclaughlin vs Santa Barbara Zoological Foundation

Case Number

22CV05147

Case Type

Hearing Date / Time

Fri, 01/09/2026 - 10:00

Nature of Proceedings

CMC; Motion to Compel

Tentative Ruling

On June 6, 2025, plaintiff John Thomas McLaughlin filed this motion to compel further responses to requests for production of documents, set one, against defendant Santa Barbara Zoological Foundation, with a hearing on the motion noticed for October 3, 2025. On September 19, the parties submitted a stipulation stating that the defendant had served two sets of supplemental responses and had produced certain files in response to the requests. Because the parties continued to meet and confer regarding the discovery at issue, the parties requested that the hearing on the motion to compel be continued by 30 to 45 days. On September 25, the court entered its order on the stipulation of the parties continuing the hearing on the motion to November 21, 2025.

On October 3, 2025, the court held a case management conference (CMC) at which only counsel for the defendant appeared. The court continued the CMC to November 21, 2025, and set an order to show cause (OSC) why sanctions should not be imposed for plaintiff’s failure to appear at the CMC or to file a case management statement.

On November 13, 2025, the parties submitted a stipulation repeating the recitals of the September 19 stipulation, adding that the defendant had agree to produce additional records, and requesting a further continuance of 30 to 45 days for the hearing. On November 17, the court entered its order on the stipulation continuing the hearing on the motion to this hearing date of January 9, 2026.

On November 21, 2025, the court held a hearing on the OSC attended only by defendant’s counsel (the tentative and ruling expressly did not require appearances). The court accepted plaintiff’s counsel’s explanation—submitted by declaration—that the failure to appear at the October 3 CMC was the result of calendaring error. The court continued the CMC set for November 21 to January 9, 2026, at 10:00 a.m. and ordered the parties to file and serve new case management statements no later than 10 days prior to the new CMC date.

Nothing has been filed with the court since the November 21, 2025, hearing and CMC. In particular, neither party has filed any new CMC statement and neither party has filed any documents relating to the status of the motion to compel.

Based upon the status of the discovery dispute as set forth in the November 13, 2025, stipulation, the motion to compel is denied as moot. Under the circumstances here, the court finds that an award of sanctions for or against either party would be unjust and so the court denies all requests for sanctions. To the extent the parties have further disputes regarding supplemental responses or production, a new motion will be required.

Counsel are ordered to appear at the hearing of this motion and CMC and to explain the status of this matter. Counsel shall also explain why neither party filed a new CMC statement in advance of this CMC as ordered by the court on November 21, 2025.