Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Inc. v. Brezinski

United States District Court, W.D. North Carolina, Charlotte Division

May 1, 2014

2 HOUNDS DESIGN, INC., Plaintiff,
v.
JESSICA BREZINSKI, and USA DOG SHOP, LLC, Defendants.

ORDER

DAVID C. KEESLER, Magistrate Judge.

THIS MATTER IS BEFORE THE COURT on Defendants' "Second Motion To Compel the Production Of Documents And Answers To Interrogatories From Plaintiff And For Sanctions" (Document No. 47) and "2 Hounds Design's Motion to File Surreply in Opposition to Brezinski's Second Motion to Compel" (Document No. 54). These motions have been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. ยง 636(b), and immediate review is appropriate. Having carefully considered the motions, the record, and applicable authority, the undersigned will grant in part and deny in part the motion to compel, and deny the motion to file a sur-reply.

I. BACKGROUND

Plaintiff 2 Hounds Design, Inc. ("Plaintiff") filed its "Complaint for Declaratory Judgment" (Document No. 1) initiating this lawsuit on February 19, 2013. Plaintiff's Complaint sought "a declaration that certain actions taken by 2 Hounds Design, Inc. do not breach any terms of the Patent, Trademark and Know-How Agreement between the parties." (Document No. 1, p.1). "Defendants Jessica Brezinski And USA Dog Shop, LLC's Answer, Defenses, And Counterclaims To Plaintiff's Complaint" (Document No. 8) was filed on March 29, 2013. Defendants' Answer asserts claims for: (1) breach of contract; (2) breach of duty of good faith and fair dealing; (3) appropriation of name or likeness; (4) unfair or deceptive trade practices; (5) trademark infringement; (6) false designation of origin and false advertising; (7) accounting; (8) conversion; and (9) unjust enrichment. (Document No. 8, pp.15-24). Plaintiff filed its "Reply to Counterclaims" (Document No. 9) on April 22, 2013.

Following the parties' submission of a "Certification and Report of F.R.C.P. 26(f) Conference and Discovery Plan" (Document No. 10) on May 1, 2013, the Court entered its "Pretrial Order And Case Management Plan" (Document No. 11) on May 6, 2013.

Defendants' "Motion To Compel The Production Of Documents And Answers To Interrogatories From Plaintiff And For Sanctions" (Document No. 12) was filed on September 23, 2013; and "2 Hounds Design's Motion For Protective Order" (Document No. 14) was filed on September 29, 2013. On November 5, 2013, the undersigned issued an "Order" (Document No. 22) granting in part and denying in part, those discovery motions. The undersigned specifically directed that:

a) Plaintiff shall fully respond to Interrogatory Nos. 13 and 14;
b) Plaintiff is excused from responding to Requests for Production Nos. 30-40;
c) Plaintiff shall fully respond to Requests for Production Nos. 48-50; and
d) Plaintiff shall supplement its responses to all Defendants' other discovery requests as appropriate.

(Document No. 22, p.7). The undersigned further directed that "Defendants may renew their request for sanctions if Plaintiff fails to participate in discovery as directed by this Order." Id. A "Protective Order And Confidentiality Agreement" (Document No. 24) was issued on November 19, 2013.

On January 29, 2014, the Honorable Robert J. Conrad, Jr. entered an "Order" (Document No. 41) denying Defendant's request for a temporary restraining order or permanent injunction, but allowing both parties to amend their pleadings. Plaintiff subsequently filed its "Amended Complaint for Declaratory Judgment and Breach of Contract" (Document No. 43) on February 4, 2013. "Defendants Jessica Brezinski And USA Dog Shop, LLC's Revised First Amended Answer, Defenses, And Counterclaims To Plaintiff's Complaint" (Document No. 44) was filed on February 11, 2014.

Now pending is Defendants' "Second Motion To Compel The Production Of Documents And Answers To Interrogatories From Plaintiff And For Sanctions" (Document No. 47) filed on March 24, 2014. "2 Hounds Design's Response in Opposition to Brezinski's Second Motion to Compel" (Document No. 48) was filed on April 10, 2014; and Defendant's reply brief (Document No. 49) was filed on April 21, 2014. "2 Hounds Design's Motion to File Surreply in Opposition to Brezinski's Second Motion to Compel" (Document No. 54) was filed on April 28, 2014.

The current case deadlines required discovery to be completed by March 25, 2014, and for dispositive motions to be filed by April 22, 2014. (Document No. 30). The pending motion includes a request for a forty-five (45) day extension of all deadlines. (Document No. 47, p.4). Plaintiff opposes any extension of the case deadlines and filed "2 Hounds Design's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.