Brown v. Stroud et al

Filing 286

ORDER re 277 Joint Discovery Letter. Signed by Magistrate Judge Donna M. Ryu on 04/29/2011. (dmrlc1, COURT STAFF) (Filed on 4/29/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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STEVEN AMES BROWN,

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No. C-08-02348 JSW (DMR)
ORDER REGARDING APRIL 6, 2011
JOINT DISCOVERY LETTER

Plaintiff,
v.

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ANDREW B. STROUD,

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Defendants.
___________________________________/

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Before the Court is the April 6, 2011 joint discovery letter submitted by Plaintiff Steven

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Ames Brown and Defendant Andrew B. Stroud setting forth the parties’ dispute regarding Plaintiff’s

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first set of Requests for Admissions. See Docket No. 277. The Court conducted a hearing on April

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29, 2011, during which the parties were given an opportunity to present their arguments. This Order

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summarizes the rulings made by the Court on the record during the April 29, 2011 hearing.

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I. Request for Admissions 1, 3, 5, and 7
Plaintiff’s request for an order compelling further responses to Request for Admissions 1, 3,

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5, and 7 is DENIED. However, in their stead, by May 9, 2011, Defendant Stroud shall produce to

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Plaintiff authenticated, verified copies of the tracks entitled “Love Me or Leave Me,” “Don’t

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Explain,” “This Year’s Kisses” and “Strange Fruit” that are on deposit with the Copyright Office

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and are the subject of Defendant Stroud’s copyright registration N-4087.

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Counsel for Defendant Stroud represented that Mr. Stroud currently has some medical issues

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which may impact his ability to meet the May 9, 2011 deadline. If Defendant Stroud is unable to

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meet this deadline, he may apply to the Court for an extension of the deadline but must provide

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adequate information demonstrating good cause for an extension.

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II. Request for Admissions 2, 4, 6, and 8
Plaintiff’s request for an order compelling further responses to Request for Admissions 2, 4,

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6, and 8 is DENIED. Plaintiff may re-serve these requests on Defendant Stroud, and shall

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supplement any renewed requests with detailed information about the provenance of each track on

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the recording submitted with the requests. Defendant Stroud shall comply with the requirements of
Federal Rule of Civil Procedure 36, including undertaking a reasonable inquiry to respond to the

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For the Northern District of California

United States District Court

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requests. Defendant Stroud shall serve responses to the requests within 30 days after being served.

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IT IS SO ORDERED.

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Dated: April 29, 2011

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DONNA M. RYU
United States Magistrate Judge

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