LML Holdings, Inc. v. Pacific Coast Distributing Inc. et al

Filing 110

ORDER REGARDING PARTIES' LETTER BRIEF CONCERNING DISCOVERY DISPUTE. Signed by Judge Yvonne Gonzalez Rogers on 4/10/13. (fs, COURT STAFF) (Filed on 4/10/2013)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 LML HOLDINGS, INC., 8 9 ORDER REGARDING PARTIES’ LETTER BRIEF CONCERNING DISCOVERY DISPUTE Plaintiff, 7 Case No.: 11-CV-06173 YGR vs. PACIFIC COAST DISTRIBUTING INC. et al., Defendants. 10 Northern District of California United States District Court 11 12 A status conference for purposes of discussing all outstanding issues before the Court was 13 held on April 5, 2013. Stuart C. Clark appeared for plaintiff and counter-defendant, and Colby B. 14 Springer, Esq. appeared for defendants and counterclaimants Pacific Coast Distributing, Inc., 15 Petsmart, Inc., Petsmart Store Support Group, Inc., and Coastal Pet Products, Inc. (“Defendants”). 16 17 18 19 20 Having considered the written submissions and arguments of counsel at the April 5, 2013 hearing, IT IS ORDERED that: 1. LML Holdings, Inc. (“LML”) may file a motion for partial summary judgment on the issue of infringement. The Court set a briefing schedule (see Dkt. No. 109). 2. With regard to the disputed discovery issues, the Court rules as follows: 21 (a) 22 AS MOOT, 23 information; 24 25 26 (b) LML’s request to compel responses to its Interrogatories 1, 2, and 3 is DENIED based upon the Defendants’ representation that they will provide the requested Defendants’ request to compel LML to provide supplemental infringement contentions, or any other relief with respect to those contentions, is DENIED; and (c) Defendants’ request to compel LML to respond further to their Requests for 27 Admission 1 through 135 is GRANTED IN PART and DENIED IN PART. Defendants shall 28 specifically identify the harness(es) referenced in their Requests for Admission that constitute 1 prior art, including when the harness(es) came into existence and by whom (i.e., whose 2 harness is it?). LML shall respond only to those Requests for Admission that reference the 3 harness(es) so identified. 4 This Order Terminates Docket Number 103. 5 IT IS SO ORDERED. 6 Date: April 10, 2013 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 Northern District of California United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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