STELOR PRODUCTIONS, INC. v. OOGLES N GOOGLES et al

Filing 287

RESPONSE in Opposition re 276 MOTION for Protective Order, filed by Defendant OOGLES N GOOGLES FRANCHISING LLC. (Attachments: # 1 Exhibit 1- First Int. to Stelor, # 2 Exhibit 2- First RFP to Stelor, # 3 Exhibit 3- Second Int. to Stelor, # 4 Exhibit Second RFP to Stelor, # 5 Exhibit 5- Googles logo trademark registration, # 6 Exhibit 6- Aorora agreement (partial), # 7 Exhibit 7- Silvers agreement with Stelor, # 8 Exhibit 8- Silvers creative consultant agreement with Stelor, # 9 9- Silvers letter, # 10 Exhibit 10- Silvers Googles project, # 11 Exhibit 11- Business entity status report, # 12 Exhibit 12- Book printing order form, # 13 Exhibit 13- Stelor directors and investors 2004, # 14 Exhibit 14- Di Muccio (investor) letter, # 15 Exhibit 15- police run report, # 16 Exhibit 17- Stelor profit and loss statement, # 17 Exhibit 17- Stelor royalty statement, # 18 Exhibit 18- Stelor motion for injunction against Silvers, # 19 Exhibit 19- Silvers attorney letter to Stelor attorney, # 20 Exhibit 20- Silvers e-mail to Esrig, # 21 Cover Sheet for Sealed Document 21- Silvers e-mail to Esrig, # 22 Exhibit Silvers letter to Esrig, # 23 Exhibit 23- Silvers letter to Stelor attorney, # 24 Exhibit 25- Stelor v. Silvers 2004 lawsuit, # 25 Exhibit 25- Silvers answer to Stelor 2004 lawsuit, # 26 Exhibit 26- Silver-Stelor settlement agreement, # 27 Exhibit 26- Stelor v. Silvers 2005 lawsuit, # 28 Exhibit 28- Silvers v. Stelor 2005 lawsuit, # 29 Exhibit 29- Silvers (now Stelor) v. Google, Inc. lawsuit, # 30 Exhibit 30- Stelor reply brief in 2005 lawsuit against Silvers, # 31 Exhibit 31- Stelor privilege log in Google case, # 32 Exhibit 32- Vaughan May 23 e-mail to Merz, # 33 Text of Proposed Order)(Vaughan, Stephen)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION STELOR PRODUCTIONS, LLC, Plaintiff/Counter-Defendant, v. OOGLES N GOOGLES FRANCHISING, LLC, Defendants/Counter-Plaintiffs and, Third Party Plaintiff ******************************** OOGLES N GOOGLES FRANCHISING, LLC and OOGLES N GOOGLES BRANDING, LLC, v. STELOR PRODUCTIONS, LLC, Counter-Defendant, and STEVEN A. ESRIG, Third Party Defendant, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case Number: 1:05-CV-0354-DFH-TAB

ORDER The Court, having considered Stelor's Motion for Protective Order DENIES said Motion. The Court finds that Stelor's objection to Defendants' First Interrogatories and Requests for Production are waived as untimely. The Court ORDERS that Plaintiff is to provide complete, responsive answers to Defendants' First Interrogatories Nos. 1, 2, 3, 7, 16, 17, and 24.

The Court further ORDERS Plaintiff to produce all documents in its custody or control responsive to Defendants' First Requests for Production Nos. 1, 2, 3, 4, 5, 9, 10, 33, 34, 36, 38, 39, 40, 41, 45, 46, 48, 49, 51, 53, 54, 55, 64, 65, 66, 67, 78, 98, 104, 105, 106, and 118. With respect to Defendants' Second Interrogatories and Requests for Production, the Court ORDERS Stelor to provide complete answers and responses. IT IS ORDERED, DECREED AND ADJUDGED that Plaintiffs shall have until_________, 2008, to comply with this Order. The Court further finds that Stelor has been dilatory, non-cooperative, and that its objectives were made in bad faith. The Court awards attorney fees to Defendants for their response to Stelor's Motion for Protective Order and for preparation and attendance at the hearing on Stelor's Motion. Defendants shall submit an accounting of attorney fees within fifteen (15) days of this Order. Stelor is to pay the fees within thirty (30) days of the Court's Order on the accounting for fees.

DATED: Judge/Magistrate Judge Distribution to: All Counsel of Record via CM/ECF

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