Adams Jr. v. Grand Slam Club/Ovis et al

Filing 48

ORDER: 43 MOTION to Compel Responses to Discovery is GRANTED IN PART and DENIED IN PART. by Magistrate Judge Boyd N. Boland on 7/25/13. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-02938-WJM-BNB
CHARLES C. ADAMS, JR., an individual,
Plaintiff,
v.
GRAND SLAM CLUB/OVIS, an Alabama corporation,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on Plaintiff’s Motion to Compel Responses to Discovery [Doc. # 43,
filed 7/8/2013] (the “Motion to Compel”). I held a hearing on the Motion to Compel today and
made rulings on the record, which are incorporated here.
IT IS ORDERED:
(1)

The Motion to Compel [Doc. # 43] is GRANTED IN PART and DENIED IN

PART as follows:
•GRANTED to require the defendant to produce its accounting records, including
its general ledger and Quick Books materials, showing total sales (unit and dollar sales) and
profits of defendant’s products and services as requested by Requests for Production 4 and 5;
•GRANTED to require the defendant to answer Interrogatory 4;
•GRANTED to require the defendant to state its gross revenues as requested in
Interrogatories 6 and 7, but DENIED insofar as the plaintiff seeks to alter those interrogatories to
call for a breakdown of the gross revenues for each Slam component (e.g. Grand Slam, Three-

Quarter Slam, Ovis World Slam, etc);
•GRANTED to require full and complete answers to Interrogatories 8 and 9;
•GRANTED to compel production of all documents responsive to Requests for
Production 1, 2, and 3 except those subject to a privilege or immunity and to require the
defendant to provide a log of any responsive documents withheld from production on a claim of
privilege or immunity;
•DENIED with respect to Requests for Production 7, 8, and 9; and
•DENIED in all other respects.
(2)

The defendant shall serve supplemental discovery responses consistent with the

requirements of this Order and in full compliance with the formalities of the Federal Rules of
Civil Procedure and produce all additional responsive documents on or before August 15, 2013.
(3)

The case schedule is modified to the following extent:
Discovery Cut-Off:

November 1, 2013

(All discovery must be completed by the discovery cut-off. All
written discovery must be served so that responses are due on or
before the discovery cut-off.)
Dispositive Motions Deadline:

December 2, 2013

Expert Disclosures:
(a)

The plaintiff shall designate his damages expert and
provide opposing counsel with all information
specified in Fed. R. Civ. P. 26(a)(2) on or before
September 2, 2013

(b)

The defendant shall designate its rebuttal damages
expert and provide opposing counsel with all
information specified in Fed. R. Civ. P. 26(a)(2) on
or before October 2, 2013

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Dated July 25, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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