Geiger et al v. Master United 12 LLC et al

Filing 56

ORDER by Magistrate Judge Boyd N. Boland on 8/21/14. Plaintiffs' Motion to Compel Discovery 43 is GRANTED IN PART and DENIED IN PART. Award of reasonable expenses and attorney's fees to be paid to the plaintiffs in connection with the Mot ion to Compel is made jointly and severally against the defendants and their lawyers. Plaintiffs' Motion to Join Additional Defendants Pursuant to F.R.C.P. 19 and 20 46 is GRANTED. On or before August 27, 2014, the plaintiffs shall file a caption listing all plaintiffs and all defendants joined in the action to date. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 14-cv-00240-REB-BNB
ZACH GEIGER,
ROBERT ABELARDO,
ADAM GOLDSTEIN, and
RYAN KING,
Plaintiffs,
v.
Z-ULTIMATE SELF DEFENSE STUDIOS, LLC, a California limited liability company,
PAUL TAYLOR, individually, and in his capacity as owner, partner, and corporate officer,
KRIS ESZLINGER, individually, and in his capacity as owner, partner, and corporate officer,
FRANK LEY, individually and in his capacity as owner, partner, and corporate officer,
HANS PROSCH, individually, and in his capacity as owner, partner, and corporate officer,
MASTERS UNITED 11, LLC, an Arizona limited liability company d/b/a Z-Ultimate Self
Defense Studios,
KATA 7, LLC, an Arizona limited liability company b/a/a Z-Ultimate Self Defense Studios,
Z-ULTIMATE MARTIAL ARTS SUPPLIES LLC, a California limited liability company,
Z-ULTIMATE SPECIALIZED ACCOUNTING LLC, a California limited liability company,
Z-ULTIMATE UNIVERSITY OF MARTIAL ARTS PROFESSIONALS LLC, a California
limited liability company,
Z-ULTIMATE SELF DEFENSE STUDIOS,
MASTERS UNITED I, LLC, a California limited liability company, d/b/a Z-Ultimate Self
Defense Studios,
MASTERS UNITED 12 LLC,
MASTERS UNITED 111 LLC, a California limited liability company d/b/a Z-Ultimate Self
Defense Studios,
MASTERS UNITED V LLC, a California limited liability company d/b/a Z-Ultimate Self
Defense Studios,
Z-ULTIMATE EVENTS LLC, a Colorado limited liability company,
A L MARTIAL ARTS, INC., a Colorado corporation d/b/a Z-Ultimate Self Defense Studios,
WLC MANAGEMENT, INC., a Colorado corporation d/b/a Z-Ultimate Self Defense Studios,
MASTERS UNITED VI LLC, a Colorado limited liability company d/b/a Z-Ultimate Self
Defense Studios,
MASTERS UNITED 8 LLC, a Colorado limited liability company d/b/a Z-Ultimate Self
Defense Studios,
MASTERS UNITED 15 LLC, a Colorado limited liability company d/b/a Z-Ultimate Self
Defense Studios,
UNITED PARTNERS - BROOMFIELD LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,

UNITED PARTNERS - CASTLE ROCK LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - CENTENNIAL LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - CHICAGO #4 LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - COLORADO SPRINGS 1 LLC, a Colorado limited liability company
d/b/a Z-Ultimate Self Defense Studios,
UNITED PARTNERS - DENVER LLC, a Colorado limited liability company d/b/a Z-Ultimate
Self Defense Studios,
UNITED PARTNERS - DENVER SOUTH LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - FORT COLLINS LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - GLENVIEW LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - HIGHLANDS RANCH LLC, a Colorado limited liability company
d/b/a Z-Ultimate Self Defense Studios,
UNITED PARTNERS - HIGHLANDS RANCH 2 LLC, a Colorado limited liability company
d/b/a Z-Ultimate Self Defense Studios,
UNITED PARTNERS - KANSAS CITY #3 LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - KANSAS CITY 1 LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - KANSAS CITY #4 LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - KEN CARYLE LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - LAFAYETTE LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - LAKEWOOD LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - LEAWOOD LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - LITTLETON LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - LONGMONT LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - OLATHE LLC, a Colorado limited liability company d/b/a Z-Ultimate
Self Defense Studios,
UNITED PARTNERS - OVERLAND PARK NORTH LLC, a Colorado limited liability
company d/b/a Z-Ultimate Self Defense Studios,
UNITED PARTNERS - OVERLAND PARK SOUTH LLC, a Colorado limited liability
company d/b/a Z-Ultimate Self Defense Studios,
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UNITED PARTNERS - PARKER LLC, a Colorado limited liability company d/b/a Z-Ultimate
Self Defense Studios,
UNITED PARTNERS - SKOKIE LLC, a Colorado limited liability company d/b/a Z-Ultimate
Self Defense Studios,
UNITED PARTNERS - SMOKEY HILL LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - THORNTON LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - WEST ARVADA LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - WESTMINSTER LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
UNITED PARTNERS - WHEAT RIDGE LLC, a Colorado limited liability company d/b/a ZUltimate Self Defense Studios,
Z-ULTIMATE COLORADO SPRINGS, a Colorado business,
Z-ULTIMATE DENVER, a Colorado business,
Z-ULTIMATE HIGHLANDS RANCH EAST, a Colorado business,
Z-ULTIMATE PARKER, a Colorado business,
Z-ULTIMATE SMOKEY HILLS, a Colorado business, and
WILLIAM CLARK, individually and in his capacity as owner, partner and corporate officer,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)

Plaintiffs’ Motion to Compel Discovery [Doc. # 43, filed 7/29/2014] (the

“Motion to Compel”); and
(2)

Plaintiffs’ Motion to Join Additional Defendants Pursuant to F.R.C.P. 19 and

20, Fed. R. Civ. P. [Doc. # 46, filed 8/5/2014] (the “Motion to Join”).
I held a hearing on the motions this morning 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
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PART as follows:
• GRANTED to require full answers to Interrogatories 3 and 4;
• GRANTED to require production of all documents responsive to Requests for
Production 1, 2, 3, 4, 5, 6, 7, 8, and 9;
• GRANTED pursuant to Fed. R. Civ. P. 37(a)(5) to award the plaintiffs their
reasonable expenses, including attorney’s fees, incurred in making the Motion to Compel;
• DENIED in all other respects.
(2)

The defendants shall make supplemental discovery responses and produce all

responsive documents as required by this Order on or before September 5, 2014. The
supplemental responses must comply with the formalities of the Federal Rules of Civil
Procedure. See, e.g.. Fed. R. Civ. P. 33(b) (requiring that each interrogatory must be answered
separately and in writing under oath by the party to whom it is directed).
(3)

The award of reasonable expenses and attorney’s fees to be paid to the plaintiffs

in connection with the Motion to Compel is made jointly and severally against the defendants
and their lawyers. The parties shall confer to reach an agreement on the amount of those
expenses and attorney’s fees. No later than September 19, 2014, the plaintiffs shall file a fee
application in a manner which complies with the requirements of D.C.COLO.LCivR 54.3
specifying the amount of the expenses and attorney’s fees claimed if, by that date, the parties
have not agreed to the amount of the award and/or it has not been fully satisfied.
(4)

The Motion to Join [Doc. # 46] is GRANTED.

(5)

On or before August 27, 2014, the plaintiffs shall file a caption listing all

plaintiffs and all defendants joined in the action to date.

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Dated August 21, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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