Opinion
1:23-CV-00079-RP
01-11-2024
YETI COOLERS, LLC, Plaintiff v. LOVE DEALS INC. and ENDLISS TECHNOLOGY INC., Defendants
ORDER
SUSAN HIGHTOWER UNITED STATES MAGISTRATE JUDGE.
Now before the Court are Yeti's Opposed Motion to Compel Defendants' Responses to Yeti's Interrogatory No. 6 and Request for Production No. 6, filed October 25, 2023 (Dkt. 44); Yeti's Opposed Motion to Compel Defendants' Document Production, Amazon Reviews, and Interrogatory Answers, filed December 21, 2023 (Dkts. 48 and 55 (sealed)); and the associated response and reply briefs. By Text Orders issued November 9 and December 28, 2023, the District Court referred the Motions to this Magistrate Judge for disposition, pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of the Local Rules of the United States District Court for the Western District of Texas.
The Court held a hearing on the Motions on Thursday, January 11, 2024, at which counsel for all parties were present. As stated from the bench during the hearing:
Yeti's Opposed Motion to Compel Defendants' Responses to Yeti's Interrogatory No. 6 and Request for Production No. 6 (Dkt. 44) is GRANTED to the extent that Defendants are ORDERED to serve an affidavit on or before January 19, 2024 explaining that representative samples of Accused Products in colors other than those already produced are not within Defendants' possession, custody, or control.
All other relief requested is DENIED.
Yeti's Opposed Motion to Compel Defendants' Document Production, Amazon Reviews, and Interrogatory Answers (Dkts. 48 and 55 (sealed)) is:
1. GRANTED as to Requests for Production Nos. 13, 55-57, 59, and 60-62;
2. DISMISSED AS MOOT as to Requests for Production Nos. 1-5, 7-10, 15, 21-25, 28-29, 33, 35-39, 41-45, 47-48, 53-54, and 65; and
3. DENIED as to Requests for Production Nos. 40 and 49-51 and Interrogatory No. 11.
The Court further ORDERS Defendants to supplement their responses to Plaintiff's Requests for Production to state whether documents responsive to each request have been produced on or before February 9, 2024.
IT IS FURTHER ORDERED that this case be removed from this Magistrate Judge's docket and returned to the docket of the Honorable Robert Pitman.