Melaleuca, Inc. v. Organo Gold Int'l Inc. et al

Filing 76

MEMORANDUM DECISION AND ORDER. Plaintiffs Motion to Compel 58 is DENIED. Defendants request for an award for attorney fees is DENIED. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by krb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
MELALEUCA, INC.,

)
)
Plaintiff,
)
)
v.
)
)
ORGANO GOLD INTERNATIONAL, INC. )
et al.,
)
)
Defendants.
)
______________________________________ )

Case No. 4:10-cv-420-LMB

MEMORANDUM DECISION
AND ORDER

Currently before the Court and addressed herein is Plaintiff’s Motion to Compel
Response to Interrogatories (Dkt. 58). Having reviewed the parties’ briefing and the
record, the Court has determined that oral argument will not aid in rendering its decision
in this matter and the pending motion will be decided on the written materials submitted.
Being fully advised, the Court issues the following Memorandum Decision and Order
denying Plaintiff’s motion.
Plaintiff moves under Federal Rules of Civil Procedure 33 and 37 for an order
compelling Defendants to answer interrogatories served upon the Defendants in
Melaleuca’s first and second discovery requests, and an award of attorney fees and costs
incurred in bringing this motion. Defendants object to the Motion based upon (1) their
preserved objection that Plaintiff exceeded the twenty-five (25) interrogatories allowed by
Federal Rule 33, (2) Plaintiff’s failure to point out why the objections were not justified,
MEMORANDUM DECISION AND ORDER - 1

and (3) Plaintiff’s failure to satisfy the Court’s meet-and-confer requirement. Defendants
request an award of attorney fees and costs incurred in responding to Plaintiff’s motion.
The Court concludes that Plaintiff’s motion should be denied. The Court
concludes that the interrogatories, including discrete sub-parts, served by Plaintiff exceed
the amount allowed under the Federal Rules of Civil Procedure without proper leave of
the Court or stipulation, Fed. R. Civ. P. 33(a)(1), and that Melaleuca did not satisfy the
meet-and-confer requirements of Fed. R. Civ. P. 37(a), or the Court’s local rule, Dist.
Idaho Loc. Civ. R. 37.1.
For the foregoing reasons,
IT IS HEREBY ORDERED:
1.

Plaintiff’s Motion to Compel (Dkt. 58) is DENIED.

2.

Defendants’ request for an award for attorney fees is DENIED.

DATED: November 16, 2011.

Honorable Larry M. Boyle
United States Magistrate Judge

MEMORANDUM DECISION AND ORDER - 2