DAVID GUTEKUNST VS. LINDSAY BRENNAN ET AL

Matter on the Law & Motion / Discovery calendar for Friday, October 10, 2025, Line 6. CROSS COMPLAINANT LINDSAY BRENNAN, AND CHRIS TAVELLI's Motion For Issue, Evidentiary, And Monetary Sanctions For Failure To Obey Court Order Compelling Discovery Responses.

Defendant Lindsay Brennan's motion for issue, evidentiary and monetary sanctions is denied without prejudice to re-filing the motion if Plaintiff David Gutenkunst does not fully comply with the August 5, 2025 order by October 30, 2025 and Brennan submits evidence establishing that she has been prejudiced by Gutenkunst's failure to fully comply with the August 5 order.

Notwithstanding the deplorable failure by Gunenkunst to respond to discovery served about ten months ago, Brennan has not presented evidence that she has been prejudiced by Gutenkunst's ignoring his discovery obligatons. Nor can prejudice be presumed because trial is still about eight months away. Absent evidence of prejudice, there is no basis to award issue or evidentiary sanctions. Since there is no basis to award non-monetary sanctions, this motion was not reasonably necessary because Gutenkunst remains obligated to comply with the August 5 order and thus monetary sanctions for the cost of filing the motion are also denied.

Gutenkunst's request for 20 days to respond to the discovery is a strong indication that he can do so. As the case gets closer to trial, failure to do so risks serious consequences for Gutenkunst.

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