Opinion
Civil No. 2:03cv00613 TC
May 20, 2004
ORDER GRANTING MOTION TO COMPEL
Apogee Software, Ltd., Rockstar Games, Inc., and Gathering of Developers, Inc. (collectively "Defendants") have moved to compel Plaintiff Daryl Peterson to respond to Defendants' discovery requests and supplement his Rule 26(a)(1) disclosures. In their briefs, Defendants outlined their efforts to procure additional responsive information and documents from Plaintiff. One week after Defendants filed their motion to compel, Plaintiff did supplement his Rule 26 initial disclosures and produced documents. After considering the briefs filed by the parties and oral argument at the May 3, 2004 hearing on this motion, the Court finds that Plaintiff's responses are incomplete and must be supplemented.
See Defendants' Motion to Compel, docket no. 58, filed March 17, 2004; and Defendants' Memorandum in Support of Motion to Compel, attached to docket no. 59.
See Defendants' Memorandum in Support of Motion to Compel at page 3; and Reply Brief in Support of Motion to Compel, docket no. 72, at pages 3-4. It is not clear whether Defendants' request specified "a reasonable time, place, and manner of making the inspection." Fed.R.Civ.P. 34(b). Plaintiff's response to Defendants' request for production stated only that "documents will be produced." The response is attached to Defendants' Memorandum in Support of Motion to Compel at page 3; and Reply Brief in Support of Motion to Compel, as Exhibit E. In any event, the disputes about discoverability superseded any misunderstandings in arrangements for production.
Reply Brief in Support of Motion to Compel, docket no. 72, at pages 3-4.
ORDER
The Court, having found that Plaintiff's responses are incomplete.It is hereby ORDERED that:
1. Plaintiff's general objections to each of Defendants' First Request for Production of Documents, as well as objections to document request no. 70, are overruled. Production of such documents shall be subject to the protective order in place. Plaintiff shall obtain and produce all responsive documents to Defendants' requests, including without limitation financial records dating from 1987 to the present.
2. Plaintiff's objections to Interrogatory Nos. 1, 7, and 8 in Defendants' First Set of Interrogatories are overruled. Plaintiff shall supplement his responses and fully answer the interrogatories by May 28, 2004. Plaintiff shall not be allowed to amend its answers after May 28th, 2004.
3. Plaintiff is not required to amend his answers to Interrogatory Nos. 3-6 at this time. Defendants may request the Court's assistance, if necessary, with regard to these interrogatories after the deposition of Plaintiff. Plaintiff shall produce all documents it seeks to rely upon under Fed.R.Civ.P. 33(d) for these interrogatories by May 28, 2004.
4. Plaintiff's objections to Interrogatory Nos, 9-11 and 13-17 are overruled. Plaintiff shall supplement its responses and fully answer the interrogatories by May 28, 2004. With regard to Interrogatory No. 19, Plaintiff shall file an opening brief by June 11, 2004 setting forth the legal basis (i.e., identifying the applicable state law) for its misappropriation claim in this lawsuit, including the choice of law principles Plaintiff relies upon for that claim. Defendants' opposition to Plaintiff's choice of law for its misappropriation claim, if any, shall be filed by June 25, 2004. Any reply by Plaintiff shall be filed by July 7, 2004. All service of such briefs on the opposing party shall be by hand delivery on the date of filing.
5. Plaintiff is not required to amend its answer to that Interrogatories Nos. 12 and 18 at this time. Defendants may request the Court's assistance, if necessary, with regard to this interrogatory after the deposition of Plaintiff.
6. Plaintiff shall supplement its Rule 26(a)(1) disclosures to provide additional contact information for the identified persons by May 28, 2004. Plaintiff shall not be allowed to make any further amendments of such disclosures after July 30, 2004.
7. As a matter of course in this case, any supplementations of discovery responses required under Rule 26(e) shall be made at the end of each month by both sides.
8. Defendants shall file an affidavit regarding its attorneys' fees and expenses for the purposes of Rule 37(c) by May 14, 2004. Plaintiff's objections to the amount of those fees and expenses shall be filed by May 21, 2004.
9. The Court will address any sanctions under Rule 37 in separate order.