Otter Products, LLC v. Treefrog Developments Inc.

Filing 81

MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Motion Hearing held on 8/8/2012, granting in part and denying in part 64 Motion to Compel. 66 Motion for Ruling is held in abeyance pending further briefing. Scheduling Conference set for 9/27/2012 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. FTR: Courtroom C-201. (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11-cv-02180-WJM-KMT

FTR - Courtroom C-201

Date: August 8, 2012

Deputy Clerk, Nick Richards

OTTER PRODUCTS, LLC, a Colorado Limited
Liability Company,

Julie Sandra Turner

Plaintiff,
v.
TREEFROG DEVELOPMENTS INC. d/b/a
LIFEPROOF, a Delaware Corporation,
Defendant.

Garret Alan Leach
Ian Richard Walsworth
Rachel Nicole Farrington
James Nolan

COURTROOM MINUTES / MINUTE ORDER
MOTION HEARING
Court in session: 1:37 p.m.
Court calls case. Appearances of counsel.
Motion Hearing called regarding Defendant Lifeproof’s Motion to Compel Discovery
from Otterbox [Doc. No. 64, filed July 3, 2012] and Defendant Lifeproof’s Motion to
Retain Confidentiality of Designated Documents [Doc. No. 66, filed July 5, 2012].
Oral argument from defendant.
Oral argument from plaintiff.
It is ORDERED:

Defendant Lifeproof’s Motion to Compel Discovery [64] is
GRANTED IN PART AND DENIED IN PART.
The motion is GRANTED as to the deposition of Mr. Matthew Firks.
Defendant Lifeproof has designated Mr. Firks as one of the limited
number of persons for whom they are requesting emails and other
electronically stored documents. Therefore, all documents
requested, including emails relating to Mr. Firks as discussed on
the record, are due to defense counsel on or before August 13,
2012. Once documents production has been made, the parties
shall confer on a date for the deposition of Mr. Firks. The
deposition will be noticed by the Defendant in accordance with law.

The motion is DENIED as to Request for Admissions Nos. 1-44.
The objections to the requests are granted and responses are not
required. To the extent Defendant wishes to renew any of the
requests subsequent to the ruling has been made on claim
construction, this order is without prejudice to raising the issues aat
that time.
Defendant’s counsel informs the court they have agreed to withdraw the motion to
compel with respect to Interrogatory No. 4 in exchange for plaintiff’s acknowledgment
they will not seek loss profit damages in this matter. Plaintiff’s counsel informs the court
they answered Interrogatory No. 4 and therefore the motion as to that interrogatory is
considered moot, but the interrogatory itself cannot be withdrawn and will be counted
against Defendant’s numbers. Interrogatory Nos. 11 and 12 have been resolved based
on responses provided after the filing of the motion. Interrogatory No. 13 has been
answered and will be supplemented further by plaintiff.
The motion as to Interrogatory No. 9 is GRANTED. Plaintiff shall
supplement the interrogatory by identifying the “first-sale dates” for
each of the products which have been previously identified as
potentially relevant to the request.
It is ORDERED:

The Scheduling Conference currently set for August 23, 2012 at
9:30 a.m. is VACATED. The Scheduling Conference is hereby
RESET for September 27, 2012 at 9:30 a.m. Parties may attend the
Scheduling Conference telephonically by filing a motion.

It is ORDERED:

Defendant Lifeproof’s Motion to Retain Confidentiality of
Designated Documents [66] is HELD IN ABEYANCE pending
further briefing. Defendant’s shall file more specific briefing on this
matter on or before August 20, 2012 under Restriction - Level 3, the
court’s eyes only. In spite of the filing level, the specific briefing will
be copied to the Plaintiff and will be considered submitted with
confidentiality designation “Confidential - Attorney’s Eyes Only.
Plaintiff shall respond on or before September 3, 2012 and may
utilize the same restrictions upon filing and copying if necessary.

Court in Recess: 3:24 p.m.
Hearing concluded.
Total In-Court Time 01:47
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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