Full Tilt Boogie, LLC v. Kep Fortune, LLC
Full Tilt Boogie, LLC v. Kep Fortune, LLC
2021 WL 4535347 (C.D. Cal. 2021)
July 1, 2021
Wright II, Otis D., United States District Judge
Summary
The Court denied Defendants' Motion to Withdraw Admissions and granted Plaintiff's Motion to Compel. KEP Fortune, LLC was ordered to serve supplemental written responses to certain requests, produce all responsive documents, and provide an index of documents produced. The Court also proscribed KEP from using certain documents and presenting certain testimony. The parties were also directed to meet and confer regarding Plaintiff's reasonable fees and costs.
Additional Decisions
FULL TILT BOOGIE, LLC, Plaintiff,
v.
KEP FORTUNE, LLC, et al., Defendants
v.
KEP FORTUNE, LLC, et al., Defendants
Case No. 2:19-cv-09090 ODW (KESx)
United States District Court, C.D. California
Signed July 01, 2021
Counsel
Ryan Andrew Ellis, Ryan Ellis Law, San Diego, CA, Jennifer Renee Lloyd, Howard and Howard Attorneys PLLC, Las Vegas, NV, Steven Edman Kish, III, Howard and Howard Attorneys PLLC, Beverly Hills, CA, for Plaintiff.Ann Anooshian, Al Mohajerian, Mohajerian PC, Los Angeles, CA, for Defendants.
Wright II, Otis D., United States District Judge
ORDER ACCEPTING REPORTS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE
*1 Pursuant to 28 U.S.C. § 636, the Court has reviewed Defendants' Motion to Withdraw Admissions (Dkt. 50) and Plaintiff's Motion to Compel (Dkt. 62), the parties' oppositions and replies (Dkt. 52, 65, 66, 70), the other records on file herein, and the Reports and Recommendations of U.S. Magistrate Judge (Dkt. 67, 72). The Court has engaged in a de novo review of those portions of the Reports and Recommendations to which objections (Dkt. 71, 78) have been made.[1] The Court accepts the reports, findings, and recommendations of the Magistrate Judge.
IT IS THEREFORE ORDERED that (1) Defendants' Motion to Withdraw (Dkt. 50) is DENIED; (2) Plaintiffs Motion to Compel (Dkt. 62) is GRANTED; (3) within TEN DAYS of the entry of this order, KEP Fortune, LLC shall (a) serve supplemental written responses to ROGs 1-8 and 10-24, omitting all objections overruled; (b) serve supplemental written responses to all RFPs, omitting all objections overruled and truthfully stating either that all responsive documents have been produced or that none exist; (c) serve a supplemental production of all responsive, nonprivileged documents not previously produced; and (d) provide Plaintiff with an index identifying each category of documents produced (e.g., location-related communications, documents relied on to draft the FDD, documents reflecting KEP's cost for inventory sold to Plaintiff, etc.) and the corresponding BATES numbers; (4) KEP Fortune, LLC is PROSCRIBED from (a) using any document KEP did not produce during the discovery period[2] to support its claims or defenses, except for documents already in Plaintiffs possession, custody, or control; (b) presenting expert testimony (either in court or via declaration) to support its claims or defenses that relies on documents KEP did not produce during the discovery period, except for documents already in Plaintiffs possession, custody, or control; and (c) presenting percipient testimony (either in court or via declaration) to support its claims or defenses from any witness who was not identified by name in KEP's initial disclosures or ROG responses; and (5) the parties are directed to promptly meet and confer regarding Plaintiff's reasonable fees and costs.