PROPOSED ORDER GRANTING DEFENDANT’S 

MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS - 1 

Case No. CV-05-5730 RBL

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STOEL RIVES LLP

ATTORNEYS

600 University Street, Suite 3600, Seattle, WA 98101-3197 Telephone (206) 624-0900 

THE HONORABLE RONALD B. LEIGHTON 

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT SEATTLE 

EYVETTE WELLS, 

 Plaintiff, 

 v. 

McFARLAND CASCADE POLE & 

LUMBER COMPANY, a Washington 

corporation, 

 Defendant. 

 No. CV-05-5730RBL 

 

 ORDER GRANTING DEFENDANT’S 

 MOTION TO COMPEL DISCOVERY 

 AND FOR SANCTIONS 

 

THIS MATTER CAME BEFORE THE COURT on Defendant’s Motion to Compel 

Discovery and for Sanctions. The Court has reviewed the Motion and the papers filed in support 

thereof, Plaintiff’s brief and supporting papers in opposition (if any), Defendant’s reply brief and 

supporting papers (if any), and the records and files herein. 

IT IS HEREBY ORDERED: 

1. Defendant’s Motion to Compel Discovery and for Sanctions is GRANTED. 

2. Within ten (10) business days of entry of this Order, Plaintiff shall provide full 

and complete answers and responses to Defendant’s First Set of Interrogatories and Requests for 

Production as follows: 

(a) Interrogatory No. 1: Plaintiff shall provide all known contact information for 

the individuals that Plaintiff previously identified in response to Interrogatory No. 1, who 

Case 3:05-cv-05730-RBL Document 13 Filed 05/09/06 Page 1 of 5
PROPOSED ORDER GRANTING DEFENDANT’S 

MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS - 2 

Case No. CV-05-5730 RBL

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STOEL RIVES LLP

ATTORNEYS

600 University Street, Suite 3600, Seattle, WA 98101-3197 Telephone (206) 624-0900 

never were or are no longer employed by Defendant, including Matt Van Valkenburg, 

Andy Rosenbalm, Ron Morrison, Bob Magana, Esler Neal, Susie Sterns, Jayson Bloom, 

and Doug Troutdale; 

(b) Request for Production No. 1: Plaintiff shall produce executed authorizations 

in the form provided to her by Defendant, for the release of her medical records from 

January 1, 1996 to the present for the following medical providers: Shaozhen Li, 

Anthony Klasser, Ron Merchant, Bridget Keller, Lawrence West, Harinder Walia, James 

Manderay, Group Health Behavioral Health, Chiropractic Clinic, Crossroad Treatment 

Center, Rainier Chiropractic Clinic, James Brown, Nancy Karr, Tacoma General Hospital 

Imaging, and Medical Imaging NW, Puyallup Medical Center, an unnamed counselor, 

and Sumner/Puyallup Foot and Ankle Clinic; 

 (c) Interrogatory No. 4 and Request for Production No. 3: Plaintiff shall identify 

all health care providers of each of her children, for the years 2003 and 2004. For each 

health care provider identified, Plaintiff shall produce executed authorizations in the form 

provided to her by Defendant for the release of each of her children’s medical records for 

the years 2003 and 2004; 

(d) Interrogatory No. 3: Plaintiff shall identify all health care providers of her 

mother for the years 2003 and 2004, to the extent that she possesses the information. 

Plaintiff shall also provide the Defendant with her mother’s name and contact 

information; 

(e) Request for Production No. 4: Plaintiff shall produce all responsive 

documents to Request for Production No. 4, including but not limited to the log or journal 

Case 3:05-cv-05730-RBL Document 13 Filed 05/09/06 Page 2 of 5
PROPOSED ORDER GRANTING DEFENDANT’S 

MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS - 3 

Case No. CV-05-5730 RBL

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STOEL RIVES LLP

ATTORNEYS

600 University Street, Suite 3600, Seattle, WA 98101-3197 Telephone (206) 624-0900 

Plaintiff maintained at work, if applicable. If Plaintiff possesses no additional responsive 

documents, Plaintiff shall serve Defendant with a supplemental response to that effect; 

(f) Request for Production No. 5: Plaintiff shall produce all responsive 

documents to Request for Production No. 5, including but not limited to Plaintiff’s 

complete tax returns and tax schedules for the years 2000-2004. If Plaintiff possesses no 

additional responsive documents, Plaintiff shall serve Defendant with a supplemental 

response to that effect; 

(g) Request for Production No. 21: Plaintiff shall produce all responsive 

documents to Request for Production No. 21. If responsive documents exist but are no 

longer in Plaintiff’s possession, Plaintiff shall (1) state what disposition was made of 

them; (2) provide the reason for such disposition; and (3) identify all persons who she 

believes to have possession, custody or control of the documents or any copies. If 

Plaintiff does not know or cannot recall whether particular responsive documents exist, or 

if such documents are missing, Plaintiff shall state the efforts made to ascertain their 

existence. If Plaintiff possesses no additional responsive documents, Plaintiff shall serve 

Defendant with a supplemental response to that effect; 

(h) Request for Production Nos. 6, 11, 12, 13, and 15: Plaintiff shall supplement 

her responses to Request for Production Nos. 6, 11, 12, 13, and 15, to the extent 

additional responsive documents exist. If Plaintiff possesses no additional responsive 

documents, Plaintiff shall serve Defendant with a supplemental response to that effect; 

(i) Request for Production Nos. 20 and 32: Plaintiff shall provide full and 

complete responses to Request for Production Nos. 20 and 32. 

Case 3:05-cv-05730-RBL Document 13 Filed 05/09/06 Page 3 of 5
PROPOSED ORDER GRANTING DEFENDANT’S 

MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS - 4 

Case No. CV-05-5730 RBL

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STOEL RIVES LLP

ATTORNEYS

600 University Street, Suite 3600, Seattle, WA 98101-3197 Telephone (206) 624-0900 

3. Plaintiff has waived her right to object to Defendant’s propounded discovery 

requests by failing to serve such objections in a timely manner. 

4. Plaintiff and/or her attorney shall pay to Stoel Rives LLP the sum of $2500.00 for 

Defendant’s attorneys fees and costs incurred because of Plaintiff’s failure to provide discovery, 

which caused Defendant to bring its Motion to Compel Discovery. This sum shall be paid within 

ten (10) business days of entry of this Order. 

IT IS SO ORDERED this 9th day of May, 2006. 

 A

RONALD B. LEIGHTON 

 UNITED STATES DISTRICT JUDGE

Presented by: 

STOEL RIVES LLP 

/s/ Timothy J. O’Connell 

Timothy J. O’Connell, WSBA #15372 

Molly M. Daily, WSBA #28360 

Attorney for Defendants 

CERTIFICATE OF SERVICE

 I hereby certify that on April 20, 2006, I electronically filed the foregoing with the Clerk 

of the Court using the CM/ECF system which will send notification of such filing to the parties 

in the above case. 

STOEL RIVES LLP 

s/Timothy J. O’Connell 

 Timothy J. O'Connell, WSBA No.15372 

 Molly M. Daily, WSBA No. 28360 

 Stoel Rives LLP 

 600 University Street, Suite 3600 

 Seattle, WA 98101 

 Telephone: (206) 624-0900 

 Facsimile: (206) 386-7500 

Case 3:05-cv-05730-RBL Document 13 Filed 05/09/06 Page 4 of 5
PROPOSED ORDER GRANTING DEFENDANT’S 

MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS - 5 

Case No. CV-05-5730 RBL

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STOEL RIVES LLP

ATTORNEYS

600 University Street, Suite 3600, Seattle, WA 98101-3197 Telephone (206) 624-0900 

 Attorneys for Defendants 

CERTIFICATE OF SERVICE

I hereby certify that on April ____, 2006, I electronically filed the foregoing with the Clerk of 

the Court using the CM/ECF system which will send notification of such filing to the parties in 

the above case. We will also send copies to Plaintiff’s attorney via facsimile and U.S. mail. 

/s/ Molly Daily____________________ 

Molly M. Daily, WSBA No. 28360 

Stoel Rives LLP 

600 University Street, Suite 3600 

Seattle, WA 98101 

Telephone: (206) 624-0900 

Facsimile: (206) 386-7519 

Attorneys for Defendant 

Case 3:05-cv-05730-RBL Document 13 Filed 05/09/06 Page 5 of 5