Tradebank International Franchising Corporation et al v. Community Connect, LLC et al

Filing 82

ORDER On Pending Motions : Defendants' motion for leave to conduct limited third-party discovery 77 is denied. Plaintiffs' motions for contempt and sanctions 78 is denied with respect to their requests for orders striking the Defendants' remaining pleadings and for the entry of judgment. The Plaintiffs' alternative request for attorney's fees may be renewed after the trial on the merits, by Judge Richard P. Matsch on 11/8/2013.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-01530-RPM
TRADEBANK INTERNATIONAL FRANCHISING CORP. and
TRADEBANK INTERNATIONAL, INC.,
Plaintiffs,
v.
COMMUNITY CONNECT, LLC, d/b/a Community Connect Trade Assoc.,
WILLIAM RIGGS, and
ANNETTE RIGGS,
Defendants.

ORDER ON PENDING MOTIONS

Trial to jury is set to commence on December 16, 2013. Two motions are currently
pending.
On September 6, 2013, the Defendants moved for leave to take written discovery of six
third-party witnesses. That motion (#77) is denied. The discovery deadline has passed and the
Defendants’ motion does not articulate a valid reason for their failure to conduct the proposed
discovery within the time period provided in the Scheduling Order.
On September 10, 2013, the Plaintiffs moved pursuant to Fed.R.Civ.P. 37, seeking to
hold the Defendants in contempt for failing to produce documents in disregard of court orders.
The Plaintiffs argue that an appropriate sanction would be to strike the Defendants’ remaining
pleadings, enter judgment in the Plaintiffs’ favor, and set a hearing on damages. The Defendants
opposed the motion, stating that the requested documents have now been produced. The
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Plaintiffs’ reply includes an alternative request for an award of their attorney’s fees. The
Plaintiffs’ motion for attorney’s fees may be renewed after the trial on the merits, and if so, will
be considered at that time.
Accordingly, it is
ORDERED that the Defendants’ motion for leave to conduct limited third-party
discovery (#77) is denied, and it is
FURTHER ORDERED that the Plaintiffs’ motions for contempt and sanctions (#78) is
denied with respect to their requests for orders striking the Defendants’ remaining pleadings and
for the entry of judgment. The Plaintiffs’ alternative request for attorney’s fees may be renewed
after the trial on the merits.
Dated: November 8, 2013
BY THE COURT:

s/Richard P. Matsch
Richard P. Matsch, Senior District Judge

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