Clayton v. Automated Gaming Technologies, Inc.

Filing 141

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/6/2014 ORDERING 55 Motion to Compel GRANTED as follows: AGT shall produce the stock ledger demanded in Request N0.5. AGT shall produce the employment and compensation agreements of all of its officers and directors demanded in Request No. 7. AGT shall produce all of its accounting ledgers and accounting journals demanded in Request No. 11, including but not limited to any in "Quickbooks" or other electronic form.AGT shall produ ce all documents demanded in Request No. 13; AGT shall produce all documents demanded in Request No. 14. This includes,without limitation, all invoices issued by AGT for such sales, and all invoices to AGT for its costs of sales. AGT shall produce al l documents demanded in, respectively, Requests Nos. 16, 17,20, 23, 24. 36, 37, and 38.Except with respectto Request No. 14 (which specifically referred to AGT's understanding of the term "Systems Division"), the production of document s under each of the foregoing Requests shall not be limited to those that AGT's deems to relate to the "Systems Division," (or "Systems Department") of AGT, but shall include all the documents demandedby the respective reques t. To the extent that the documents heretofore produced by AGT constitute full production of all documents demanded in a particular request which is a subject of this Order, or the further production hereby ordered as to one particular Request which is a subject of this Orderconstitutes full production of another such Request, AGT shall so certify or declare under penalty of perjury. AGT shall comply with this Order by August 13, 2014. (Waggoner, D)

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GILBERT J. PREMO
Attorney at Law (Bar No. 48503)
500 Northfield Lane
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiff and Counter-Defendant
KEITH R. CLAYTON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 2:13-cv-00907-JAM-EFB

KEITH R CLAYTON,
Plaintiff

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vs.
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[PROPOSED]

AUTOMATED GAMING TECHNOLOGIES, ORDER GRANTING PLAINTIFF MOTION
TO COMPEL DEFENDANT AUTOMATED
INC. a Nevada corporation, et al.
GAMING TECHNOLOGIES, INC. TO
PRODUCE DOCUMENTS PURSUANT TO
Defendants.
--------------------------------------------------------- PLAINTIFF'S FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS
AUTOMATED GAMING TECHNOLOGIES,
Date: July 30, 2014
INC., a Nevada corporation,
Time: 10:30 a.m.
Judge: Hon. Edmund F. Brennan
Counter-Claimant
Courtroom 8, 13th Floor
v.
KEITH R. CLAYTON, and DOES 1
Through 10, inclusive,

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Counter-Defendants.
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The motion of plaintiff and counter-defendant Keith R. Clayton (“plaintiff”) for an

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order compelling defendant and cross-complainant Automated Gaming Technologies, Inc.

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("AGT") to produce the documents requested in Plaintiff's First Request for Production of

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Documents to Defendant (the "Document Request") came on regularly for hearing on July 30,

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2014, at 10:00 am., in the above-entitled Court.

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plaintiff, and Katie Konz, Esq. and Christopher B. Burton, Esq. of Downey Brand LLP

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appeared as counsel for AGT.

Gilbert J. Premo appeared as counsel for

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Order Granting Motion to Compel re Plaintiff's First Document Request

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Remaining at issue at the time of the hearing of the motion were Requests Nos. 5, 7, 11,

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13, 14, 15, 17, 20, 23, 24, 36, 37 and 38 of the Document Request. The Court having read and

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considered the papers submitted by the parties, and heard the arguments of counsel, and good

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cause therefor appearing, plaintiff’s motion is GRANTED as to all said Requests, and the Court

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ORDERS AS FOLLOWS:

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1.

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2.

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AGT shall produce the employment and compensation agreements of all of its

officers and directors demanded in Request No. 7.

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AGT shall produce the stock ledger demanded in Request No. 5.

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AGT shall produce all of its accounting ledgers and accounting journals demanded

in Request No. 11, including but not limited to any in "Quickbooks" or other electronic form.

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4. AGT shall produce all documents demanded in Request No. 13.

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5.

AGT shall produce all documents demanded in Request No. 14. This includes,

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without limitation, all invoices issued by AGT for such sales, and all invoices to AGT for its

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costs of sales.
6. AGT shall produce all documents demanded in, respectively, Requests Nos. 16, 17,

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20, 23, 24. 36, 37, and 38.

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Except with respect to Request No. 14 (which specifically referred to AGT's

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understanding of the term "Systems Division"), the production of documents under each of the

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foregoing Requests shall not be limited to those that AGT's deems to relate to the "Systems

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Division," (or "Systems Department") of AGT, but shall include all the documents demanded

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by the respective request.

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Order Granting Motion to Compel re Plaintiff's First Document Request

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To the extent that the documents heretofore produced by AGT constitute full production

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of all documents demanded in a particular request which is a subject of this Order, or the

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further production hereby ordered as to one particular Request which is a subject of this Order

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constitutes full production of another such Request, AGT shall so certify or declare under

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penalty of perjury.

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AGT shall comply with this Order by August 13, 2014.

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As modified above, it is so ordered.
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Dated: August 6, 2014.
______________________________________________
EDMUND F. BRENNAN
United States Magistrate Judge

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______________________________________________________________________________________________________
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Order Granting Motion to Compel re Plaintiff's First Document Request