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Kershaw Talley Barlow is known as a leading law firm for cases against Windsor Redding Care Center in Redding, California. A COVID outbreak in 2020 at the nursing home caused numerous resident deaths, and staff members would later report that they were forced to keep working even when they were showing symptoms of the virus. However, the process of pursuing justice for the families of the residents who passed away has not been straightforward, to say the least.
Recently, Windsor Redding Care Center refused to produce hundreds of documents that we requested by Plaintiffs during the discovery process. KTB’s trial attorneys, having handled scores of cases and recovered millions of dollars for our clients, were undeterred by the hardball tactics of Windsor and forced the uncooperative defendant to cough up the incriminating documents.
Attorney Stuart Talley and Attorney William Kershaw, who took the lead together on this case, filed a motion to compel Windsor Redding Care Center to produce the documents originally requested. We are pleased to report that the Shasta County Superior Court of California granted KTB’s motion and took the relatively rare step of imposing sanctions upon the defendant for its egregious conduct. In its order, the court stated that the defendant had “phoned it in” when responding to Plaintiffs’ discovery requests and failed to provide reasonable—or even explainable—objections to most of the requests.
Within the order to compel Windsor Redding Care Center, the court made the following comments(summarized):
- The Court finds the Documents sought by the Plaintiff are discoverable consistent with CCP § 2025.450.
- Defendant is to produce a verified written response to Plaintiff’s request within 30 days and to produce all non-privileged and non-work product documents.
- Defendant must provide sufficient factual information for the Plaintiff to evaluate if there is any objection to being compelled to provide certain Documents.
- Defendants are to pay Plaintiffs’ counsel sanctions to pay attorneys’ fees.
Our attorneys of Kershaw Talley Barlow and our clients fully appreciate the Court’s ruling to compel and sanction Windsor Redding Care Center for unreasonably disrupting the discovery process. We look forward to being able to advance the lawsuit after reviewing the documents and evidence that the Court has ordered to be produced by the defendant within the next few weeks. Of course, if further noncompliance occurs on behalf of the defendant, our legal team will be ready to respond and will aggressively pursue further discovery and sanctions if necessary to assure our clients receive the justice they deserve.
To learn more about this ongoing case, please browse our blog, starting with our original post about the Windsor Redding COVID outbreak. If you need the help of our attorneys with a nursing home abuse or neglect case, use an online contact form or call (916) 520-6639 at any time.