Hibbett Sporting Goods Inc v. Military Capital Venture LLC
ORDER re 20 joint report on the discovery dispute. The discovery disputes are decided by the Court and set forth in this Order. Supplemental responses to the motions for summary judgment are due July 19, 2013. The Court amends the Scheduling Order and sets the settlement conference request ddl for July 31, 2013. Signed by Judge D. P. Marshall Jr. on 7/5/13. (kpr) (ORDER VACATED PER 33 ORDER). (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HIBBETT SPORTING GOODS, INC.
MILITARY CAPITAL VENTURE, LLC
The Court appreciates the parties’ excellent joint report on their
discovery dispute, ¹ 20, and regrets its delay in ruling. Taking things in
reverse order, the Court decides the disputes as follows.
Given the way of calculating alternative rent, and the potential impact
from the new store on the old store’s revenue, Hibbett Sporting Goods must
respond to requests 9 & 10. While the Court understands Hibbett’s intention
to limit claimed damages by letter, Military Capital Venture is entitled to a
formal statement and itemization. Hibbett must respond to interrogatory 9
and request 8. Hibbett’s actions about co-tenants in other situations strike the
Court as having marginal relevance in this dispute, but MCV is entitled to a
partial response to interrogatory 9. Hibbett should answer whether it has
entered leases without a co-tenant provision and whether it has ever waived
or modified this kind of provision.
Given the basket of
circumstances involved in any lease negotiation and any long-term lease
relationship, the evidentiary value of this information in this case is slight or
nonexistent. We’ll see about admissibility. Similar resolution on request 4:
Hibbett should answer whether it has entered into any post-2006 leases that
use the term Goody’s in a co-tenancy clause; it should also explain how the
parties responded to Goody’s demise in those situations (if any). Hibbett
should produce only the co-tenancy provision (and any related provisions,
such as definitions) of any lease where Goody’s was an anchor co-tenant. The
Confidentiality Order, and the blind-excerpt-only production, will protect the
third parties. Relevance and admissibility are reserved.
Supplemental responses due 19 July 2013. The motions for summary
judgment have come earlier than expected. This is helpful in framing the
disputed issues. The Court amends the Scheduling Order to take advantage
of this development: settlement conference request due by 31 July 2013.
D.P. Marshall Jr.
United States District Judge
5 July 2013
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