Sorensen v. Senco Products, Inc. et al

Filing 29

ORDER Regarding Plaintiff's Motion for Exception to Stay: Granting in Part and Denying in Part 21 Motion for Exception to Stay. The Court denies without prejudice Plaintiffs request for leave of court to use appropriate procedural discovery st eps to acquire prototype, production, design, technical documents or evidence regarding the accused products from nonparties at this time; any subsequent requests will be reviewed on a case-by-case basis. Signed by Judge Barry Ted Moskowitz on 9/2/2008. (mjj)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE, INC. 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 email: mak@kramerlawip.com J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 email: michael@kalerlaw.com Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ) Case No. 08cv00071 BTM CAB ) ) ORDER REGARDING PLAINTIFF'S ) MOTION FOR EXCEPTION TO STAY ) Plaintiff ) v. ) ) SENCO PRODUCTS, INC., an Ohio ) corporation; and DOES 1 100, ) ) Defendants. _________________________________ ) ) and related counterclaims. ) ) ) ) ) JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST ("Plaintiff") has moved this Court at Docket # 21 for an exception to the stay of proceedings in this case for the purposes of limited discovery. The Court, having considered briefing by the parties and oral arguments on August 20, 2008, grants in part and denies in part Plaintiff's motion for exception to the stay as set forth below. 1. preserved. 2. 3. All design and technical documents for the accused product within the Plaintiff is granted leave to propound one (1) interrogatory on the control and custody of the Defendant(s) are to be preserved. Defendant(s) that asks for the identification of the company names and addresses of nonparty manufacturers, suppliers, and importers who have prototype, production, design, technical documents or evidence regarding the accused products. The Court denies without prejudice Plaintiff's request for leave of court to use appropriate procedural discovery steps to acquire prototype, production, design, technical documents or evidence regarding the accused products from nonparties at this time; any subsequent requests will be reviewed on a case-by-case basis. IT IS SO ORDERED. DATED this 2nd day of September, 2008. All prototype and production molds used in the production of the accused products within the custody and control of the Defendant(s) are to be Honorable Barry Ted Moskowitz United State District Judge 2. Case No. 08cv00071 BTM CAB

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