Memoryten, Inc. v. LV Administrative Services, Inc. et al

Filing 74

ORDER: 62 MOTION to Compel Discovery Responses and Production of Documents and Request for Sanctions Pursuant to FED. R. CIV. P. 37 is GRANTED as specified. by Magistrate Judge Boyd N. Boland on 11/14/12. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-00993-WJM-BNB
MEMORYTEN, INC., a California corporation,
Plaintiff,
v.
LV ADMINISTRATIVE SERVICES, INC., a Delaware corporation,
LAURUS MASTER FUND, LTD., a Cayman Islands corporation,
LAURUS CAPITAL MANAGEMENT, LLC, a Delaware limited liability company,
VALENS CAPITAL MANAGEMENT, LLC, a New York limited liability company,
VALENS INVESTMENT ADVISORS, L.P., a Delaware limited partnership, and
SILICON MOUNTAIN HOLDINGS, INC., a Colorado corporation,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on LV Defendants’ Motion to Compel Discovery Responses [etc.]
[Doc. # 62, filed 10/25/2012] (the “Motion to Compel”). I held a hearing on the Motion to
Compel this morning and made rulings on the record, which are incorporated here.
The plaintiff and Mr. Olsen have failed to meet even the most basic obligations in
responding to the LV Defendants’ First Set of Written Discovery. No reasonable inquiry or
search for responsive documents was conducted and obviously responsive documents were not
produced.
IT IS ORDERED:
(1)

The Motion to Compel [Doc. # 62] is GRANTED as specified.

(2)

On or before December 3, 2012, the defendants, Mr. Olsen, and their counsel of

record shall:

(a)

Meet in person at all places and with all people as may be necessary to

conduct a thorough investigation and search for documents responsive to LV Defendants’ First
Set of Written Discovery and identify all responsive documents;
(b)

Provide a supplemental discovery response that conforms to the

formalities of the Federal Rules of Civil Procedure and produce all documents and materials
responsive to LV Defendants’ First Set of Written Discovery; and
(c)

File a written certification specifying with particularity the actions

undertaken to comply with the requirements to respond to LV Defendants’ First Set of Written
Discovery and that all documents responsive to LV Defendants’ First Set of Written Discovery
in the possession, custody, or control of the plaintiff and its agents or employees have been
produced. The certification must be signed by a representative of the plaintiff, Mr. Olsen, and
plaintiff’s counsel, and must be made under oath or subject to the penalty of perjury.
(3)

The LV Defendants’ request for reasonable expenses incurred in making the

Motion to Compel and required as a result of the plaintiff’s failure to produce all responsive
documents is DENIED without prejudice and may be renewed, if necessary, after the plaintiff’s
compliance with the requirements of this Order and in view of any additional expenses which the
LV Defendants may incur in curing the plaintiff’s failure to comply with its discovery
obligations.

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Dated November 14, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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