Eakin Enterprises Inc v. Specialty Sales LLC

Filing 69

STIPULATION and ORDER re CONTINUING hearing on motion to compel responses to discovery requests. The Hearing on Specialty's Motion to Compel Responses to Discovery Requests shall be continued until August 29, 2012, at 9:30 A.M. in Courtroom 7, subject to withdrawal by the parties if Eakin's supplemental responses and the Declaration of John Eakin called for herein cures the present deficiencies. Order signed by Magistrate Judge Sheila K. Oberto on 8/1/2012. (Timken, A)

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REX B. STRATTON, WSBA No. 1913
STRATTON LAW & MEDIATION P.S.
18826 Robinwood Road SW
P.O. Box 636
Vashon, Washington 98070
Telephone: [phone]
Facsimile: 206-260-3816
(Pro Hac Vice)

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Attorneys for Plaintiff and Counter-Defendants
EAKIN ENTERPRISES, INC.
JOHN W. EAKIN

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MARK D. MILLER, Ca. Bar No. 116349
SIERRA IP LAW PC
7030 N. Fruit Ave., Ste. 110
Fresno, CA 93711
Telephone: [phone]
Facsimile: 559-436-4800
Attorneys for Defendant
SPECIALTY SALES LLC

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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EAKIN ENTERPRISES, INC., a Washington
corporation,

Case No.: 1:11-CV-02008-LJO-SKO

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Plaintiff,
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vs.
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SPECIALTY SALES LLC, a California
limited liability company,

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Defendant.

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SPECIALITY SALES LLC, a California
limited liability company,

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Date: August 8, 2012
Time: 9:30 A.M.
Ctrm: 7
Action Filed: Sept. 23, 2011
Trial Date: TBD

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STIPULATION AND ORDER RE:
CONTINUING HEARING ON MOTION
TO COMPEL RESPONSES TO
DISCOVERY REQUESTS

Counter-Plaintiff,
vs.
EAKIN ENTERPRISES, INC., a Washington
corporation, and JOHN W. EAKIN, an
individual,
Counter-Defendants.

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WHEREAS, on September 23, 2011, Plaintiff Eakin Enterprises, Inc.

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(hereinafter “Eakin”) filed this action alleging infringement of U.S. Pat. No. 7,987,820

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(hereinafter the “„820 Patent”) against Defendant Specialty Sales, Inc. (hereinafter “Specialty”)

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in the U.S. District Court for the Eastern District of Washington; and, on December 1, 2011, the

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U.S. District Court for the Eastern district of Washington ordered the present action transferred

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to the U.S. District Court for the Eastern District of California;

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WHEREAS, on April 17, 2012, the parties simultaneously exchanged their
respective initial disclosures under Fed. Rule Civ. Proc. 26(a);

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WHEREAS, on April 20, 2012, Specialty propounded its first sets of Requests
for Admissions, Interrogatories, and Requests for Production on Eakin;

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WHEREAS, on May 23, 2012, Eakin provided its responses to Specialty‟s first

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set of Requests for Admissions and first set of Requests for Production; and, on May 25, 2012,

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Eakin provided unverified responses to Specialty‟s first set of Interrogatories; and, on June 6,

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2012, Eakin provided a verification to its responses to Specialty‟s first set of Interrogatories;

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WHEREAS, on June 19, 2012, counsel for Specialty sent a letter to counsel for

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Eakin detailing deficiencies in the discovery responses and requested further supplemental

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responses;

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WHEREAS, on June 28, 2012, counsel for Specialty and counsel for Eakin

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conducted a telephonic conference seeking to resolve the discovery dispute; counsel for Eakin

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agreed to provide further responses by July 13, 2012; and counsel for Specialty informed Eakin

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that it would be filing the instant motion to compel in the event that the responses remained

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deficient;

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WHEREAS, on June 28, 2012, Specialty filed its Notice of Motion and Motion
to Compel Responses to Discovery Requests;
WHEREAS, on July 9, 2012, Specialty served several notices of depositions to
occur in the States of Washington and Oregon between August 14 – 16, 2012;
WHEREAS, on July 27, 2012, counsel for the Specialty and counsel for Eakin
conducted an informal telephone conference with the Court to discuss the discovery dispute;

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NOW THEREFORE, the Parties, through their respective counsel, hereby
stipulate and agree as follows:

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1.

SUPPLEMENTAL RESPONSES.

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On or before the close of business on Friday, August 17, 2012, Eakin shall serve:

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(a) supplemental responses to Specialty‟s First Set of Requests for Admissions

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(hereinafter each an “RFA”), which shall at least include supplemental responses to RFA 4,

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RFA 5, RFA 8, and RFA 9;

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(b) supplemental responses to Specialty‟s First Set of Requests for Production

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(hereinafter each an “RFP”), which shall at least include supplemental responses to RFP 4, RFP

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5, RFP 6, RFP 8, and RFP 10. Included in the scope of the production sought is, without

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limitation, any document or thing arising from or related to the conception, reduction to

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practice, public disclosures or uses, sales or offers for sales, or loans or leases, of the cattle foot

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bath falling within the scope of any claim of the „820 Patent; and

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(c) supplemental responses, verified by a principal of Eakin, to Specialty‟s First

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Set of Interrogatories (hereinafter each an “ROG”), which shall at least include supplemental

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responses to ROG 7, ROG 8, and ROG 9.

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2.

DECLARATION OF JOHN EAKIN.
On or before August 17, 2012, John Eakin will provide Specialty with a

declaration, signed under oath, that:
a.

A diligent search of the records of Eakin Enterprises, Inc., and its

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predecessors, divisions, subsidiaries, licensors, licensees, assignors, assignees, franchisees, and

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affiliates, has been performed to identify all documents and things which are or may be

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responsive to Specialty‟s First Set of Requests for Production.

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b.

Eakin has provided Specialty with all documents and things

available to it or within its control which are or may be responsive to Specialty‟s First Set of

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Requests for Production, and for any item which Eakin claims to be privileged, otherwise

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specifically identified such item and produced a privilege log.

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c.

Eakin is aware that, as to any item which is subsequently

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uncovered, the Court may preclude Eakin from using or introducing such item at trial if the use

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or introduction thereof is prejudicial to Specialty.

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3.

CONTINUATION OF HEARING.

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The Hearing on Specialty‟s Motion to Compel Responses to Discovery Requests

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shall be continued until August 29, 2012, at 9:30 A.M. in Courtroom 7, subject to withdrawal

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by the parties if Eakin‟s responses supplemental responses and the Declaration of John Eakin

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called for herein cures the present deficiencies.

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4.

DEPOSITIONS.

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The Depositions (and requests for production and/or inspection, as the case may

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be) of John Eakin, Eakin Enterprises, Inc., Enviro-tech, LLC, Ballew Law, PC., and Gregory

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and Janna Te Velde dba Willow Creek Dairy, currently set for August 14-16, 2012, shall be

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continued until early to mid September, 2012, as agreed upon by the parties and convenient to

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the deponents.

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IT IS SO STIPULATED AND AGREED, THROUGH COUNSEL OF RECORD.

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Dated: July 31, 2012

STRATTON LAW & MEDIATION P.S.

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By /s/ Rex B. Stratton
Rex B. Stratton
Attorneys for Plaintiff/Counter-Defendants
Eakin Enterprises, Inc. and John W. Eakin

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Dated: July 31, 2012

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SIERRA IP LAW, PC
By /s/ Mark D. Miller
Mark D. Miller
Attorneys for Defendant/Counter-Plaintiff
SPECIALTY SALES LLC

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IT IS SO ORDERED.

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Dated:
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/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Sig nature-END:

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August 1, 2012

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