General Steel Domestic Sales, LLC v. Chumley et al

Filing 379

COURTROOM MINUTES for Motion Hearing held on 10/8/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendants Atlantic Building Systems, LLC and Ethan Daniel Chumley's Motion to Compel Responses to Defendants Second Set of Requests for Production of Documents Regarding Customer Complaints 350 is DENIED. Counterclaimant Atlantic Building Systems, LLC's Motion to Compel Responses to Second Set of Requests for Documents and Third Set of Interrogatories 352 is GRANTED IN PART AND DENIED IN PART. FTR: KMT C201. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

13-cv-00769-MSK-KMT
Sabrina Grimm

Date: October 8, 2014
FTR: Courtroom C-201

Parties:

Counsel:

GENERAL STEEL DOMESTIC SALES, LLC, d/b/a
GENERAL STEEL CORPORATION, a Colorado
limited liability company,

David Fein
Patrick Frye
Laura Alos
Henry Solano

Plaintiff,
v.
ETHAN DANIEL CHUMLEY, individually,
ATLANTIC BUILDING SYSTEMS, LLC, a Delaware
corporation, doing business as ARMSTRONG STEEL
CORPORATION,
PRQ INTERNET KOMMANDITBOLAG (LIMITED
PARTNERSHIP) doing business as PRQ INET KB, and
GOTTFRID SWARTHOLM, individually,

Mark Baird
Craig May
Kenneth Stalzer

Defendants.

COURTROOM MINUTES

MOTION HEARING
1:33 p.m.

Court in session.

Court calls case. Appearances of counsel.
Discussion and argument regarding production of General Steel’s customer files and
communications as identified in the initial disclosures, customer complaints regarding deposit
issue, requests for production No. 6 and 8.
Mr. Fein states Plaintiff has produced everything with respect to request for production No. 2 to
Defendants.

ORDERED: Defendants Atlantic Building Systems, LLC and Ethan Daniel Chumley’s
Motion to Compel Responses to Defendant’s Second Set of Requests for
Production of Documents Regarding Customer Complaints [350] is
DENIED.
2:50 p.m.
3:00 p.m.

Court in recess.
Court in session.

Discussion and argument regarding Google alerts pertaining to alleged false blogs,
communications with Denver SEO regarding alleged false blogs, backlink reports, alleged usage
of Armstrong’s logo mark, “fraudulent steel” brochure, testimonials posted on the alleged false
blogs, and customer testimonials posted on the internet by General Steel.
Ms. Alos states communications with Denver SEO regarding the alleged false blogs have been
provided to Defendants with respect to request for production No. 2.
ORDERED: Counterclaimant Atlantic Building Systems, LLC’s Motion to Compel
Responses to Second Set of Requests for Documents and Third Set of
Interrogatories [352] is GRANTED IN PART AND DENIED IN PART as
follows:


Document Request No. 1 – On the issue of the Google alerts, Plaintiff is
directed to search Travis McCain’s Google alerts from February 2012 to
present that he testified about and said he had preserved. A search shall be
conducted for the alerts containing the URLs or a portion of the URLs of the
specific alleged false testimonials and false blogs that are in the counterclaim.
If any Google Alerts exist as to the specific URLs associated with specific
blogs and statements alleged in the Counterclaim, Plaintiff/counterclaim
defendant is directed to produce only those recovered Google Alerts to
counterclaim plaintiffs on or before October 29, 2014. If no Google Alerts
are recovered consistent with the search by URL, counterclaim defendant
will so advice the counterclaimant.



Document Request No. 3 – As stipulated to by the parties consistent with the
discussions held in court, Plaintiff/counterclaim defendant is directed to
produce the redacted report on or before October 29, 2014.



Document Request No. 4 – As stipulated to by the parties consistent with the
discussions held in court.



Document Request No. 5 – Denied, as stated on record.

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

4:26 p.m.

Document Request No. 6 and Interrogatory No. 1 – Counterclaim Plaintiffs
shall produce a list to counterclaim defendant, as discussed, on or before
October 14, 2014. Plaintiff shall provide a response to the limited list and
Interrogatory (Third Set) No.1 on or before October 29, 2014.
Court in recess.

Hearing concluded.
Total in-court time 02:43
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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