Full Tilt Boogie, LLC v. Kep Fortune, LLC
Full Tilt Boogie, LLC v. Kep Fortune, LLC
2021 WL 5564685 (C.D. Cal. 2021)
October 26, 2021
Wright II, Otis D., United States District Judge
Summary
The Court has not made any specific rulings regarding Electronically Stored Information, but it is important to note that any documents not produced by July 30, 2021 may not be used to dispute certain matters. KEP Fortune, LLC has been ordered to supplement its privilege log and granted Plaintiff an adverse inference instruction. Additionally, KEP Fortune, LLC's supplemental response to ROG 1 has been stricken.
Additional Decisions
FULL TILT BOOGIE, LLC,
v.
KEP FORTUNE, LLC, et al.
v.
KEP FORTUNE, LLC, et al.
Case No. 2:19-cv-09090 ODW (KESx)
United States District Court, C.D. California
Signed October 26, 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, Mohajerian APC, Al Mohajerian, Mohajerian PC, Los Angeles, CA, for Defendants Kep Fortune, LLC, Jeroen Bik, Miray Bik.
Wright II, Otis D., United States District Judge
ORDER ACCEPTING FINAL REPORT AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE
*1 Pursuant to 28 U.S.C. § 636, the Court has reviewed and Plaintiff's Motion to Further Compel (Dkt. 104), the parties' oppositions and replies (Dkt. 124, 144), the other records on file herein, along with the Final Report and Recommendation of U.S. Magistrate Judge. The Court has engaged in a de novo review of those portions of the initial Report and Recommendation to which objections have been made. (Dkt. 168, 172). The Court accepts the reports, findings, and recommendations of the Magistrate Judge.
IT IS THEREFORE ORDERED that: (1) Plaintiff's Motion to Further Compel (Dkt. 104) is GRANTED IN PART; (2) within SEVEN DAYS of the entry of this Order, KEP Fortune, LLC shall supplement its privilege log; (3) Plaintiff is entitled to an adverse inference instruction, substantially as follows: “Defendants failed to produce all communications related to KEP's management and operation of the Systemwide Marketing Fund. You may infer that Defendants did not produce this information to Plaintiff because Defendants believed that this information would help Plaintiff and harm Defendants.”; (4) KEP Fortune, LLC SHALL NOT (a) seek any form of compensatory damages at trial other than unpaid future royalties; (b) call any witnesses at trial other than Jeroen Bik, Miray Bik, Carolyn Jennings, or Jimmy Kirner; (c) enter any evidence or argue that Cross-Defendants “purchased goods from unapproved suppliers and also purchased goods of a quality lesser than that required pursuant to the franchise agreement” as described in paragraph 15 of KEP's Cross-Complaint, which shall be STRICKEN; (d) enter any evidence or argue that “James Kirner has spoken negatively to clients, his staff, and other franchisees regarding KEP” and that Kirner's statements caused any other franchisee to do or not do anything, as described in paragraph 37 of KEP's Cross-Complaint, which shall be STRICKEN; or (e) rely on any documents not produced by July 30, 2021, to dispute (i) the profits KEP derived from Full Tilt's required inventory purchases, (ii) that KEP shipped inventory or other goods to Plaintiff that it did not order, (iii) that KEP imposed price increases on Full Tilt, or (iv) that KEP experienced delays in processing or delivering orders; (5) KEP Fortune, LLC's supplemental response to ROG 1 is STRICKEN; and (6) within 14 DAYS of the entry of this Order, Plaintiff SHALL file a motion to recover attorney fees.