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

Filing 54

MOTION to Compel by STELOR PRODUCTIONS, INC.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Text of Proposed Order)(Zack, David)

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STELOR PRODUCTIONS, INC. v. OOGLES N GOOGLES et al Doc. 54 Case 1:05-cv-00354-DFH-TAB Document 54 Filed 01/10/2006 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION CASE NO. 1:05-cv-0354-DFH-TAB STELOR PRODUCTIONS, LLC, a Delaware limited liability company f/k/a STELOR PRODUCTIONS, INC., Plaintiff, vs. OOGLES N GOOGLES, an Indiana corporation; KEVIN MENDELL; DANYA MENDELL; MICHELLE COTE; ROB LENDERMAN; STACEY LENDERMAN; BRENDA MURTY; MARGIE THOMAS; ROB SLYTER; ELIZABETH SLYTER; CORINNA SPARKS; CHRISTINE WATERBURRY; LEIGH SUNDLING; and TINA CARTAYA, Defendants. ________________________________________________/ PLAINTIFF'S MOTION AND MEMORANDUM TO COMPEL DISCOVERY RESPONSES FROM DEFENDANTS OOGLES N GOOGLES, KEVIN MENDELL, DANYA MENDELL, AND X,Y,Z CORPORATIONS Pursuant to Federal Rules of Civil Procedure, Rules 33(b), 34(b) and 37(a), plaintiff Stelor Productions, LLC ("plaintiff") hereby moves for an order compelling responses to plaintiff's first request for production of documents (tab 1) and first set of interrogatories (tab 2) propounded upon Defendants Oogles N Googles, Kevin Mendell, Danya Mendell, and X,Y, Z Corporations. Responses as to both these discovery sets were due on or before August 1, 2005, but Defendants have not responded. Defendants requested no enlargement of time and have offered no reason or justification for their utter failure to provide discovery. Any conceivable objection to the discovery has long since been waived. Defendants' blatant disregard for their discovery Dockets.Justia.com Case 1:05-cv-00354-DFH-TAB Document 54 Filed 01/10/2006 Page 2 of 3 obligations has hampered Plaintiff's ability to prepare for this litigation. Plaintiff therefore seeks the fees and expenses incurred in bringing this motion and such other relief as the Court deems appropriate. Undersigned counsel certifies that he has conferred with counsel for Defendants in a telephonic conference occurring on or around November 11, 2005, but the parties were unable to resolve the issues set forth herein. Wherefore, Plaintiff respectfully requests that the Court issue an order compelling Defendants to produce the documents requested and answer the interrogatories within ten (10) days of the order and requiring Defendants to pay Plaintiffs' attorneys' fees and expenses for bringing this motion. Respectfully submitted, John David Hoover, Attorney No. 7945-49 HOOVER HULL BAKER & HEATH LLP 111 Monument Circle, Ste. 4400 P.O. Box 44989 Indianapolis, IN 46244-0989 Tel: 317- 822-4400 Fax: 317- 822-0234 E- mail: jdhoover@hooverhull.com Of counsel: Kevin C. Kaplan (admitted pro hac vice) David J. Zack (admitted pro hac vice) Burlington, Weil, Schwiep, Kaplan & Blonsky, P.A. 2699 S. Bayshore Drive PH Miami, Florida 33133 Tel: 305-858-2900 Fax: 305-858-5261 Email: dzack@bwskb.com Attorneys for Pla intiff, Stelor Productions, LLC By: /s/ David J. Zack 2 Case 1:05-cv-00354-DFH-TAB Document 54 Filed 01/10/2006 Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that on the 10th day of January, 2006, a copy of the foregoing was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's systems. I certify also that I have served the foregoing by United States mail to the following parties. Bryan S. Redding, Esq. COHEN, GARELICH AND GLAZIER Suite 800, 888 Keystone Crossing Indianapolis, IN 46240 Tel: 317-573-8888 Fax: 317-574-3855 Bredding@cgglawfirm.com By: /s/ David J. Zack 3

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