SOP SERVICES, INC. et al v. VITAL HUNTING GEAR, INC.

Filing 84

ORDER granting in part and denying in part 79 Motion to Compel. Signed by Magistrate Judge William G. Hussmann, Jr., on 1/10/2013. (c/m) (NRN)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION
SOP SERVICES, INC., and
BEAR ARCHERY, INC.,
Plaintiffs,
v.
VITAL HUNTING GEAR, INC., and
ABBAS BEN AFSHARI,
Defendants.

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3:11-cv-112-RLY-WGH

ORDER GRANTING, IN PART,
BEAR ARCHERY’S SECOND MOTION TO COMPEL
This matter is before the Honorable William G. Hussmann, Jr., United
States Magistrate Judge, on Bear Archery’s Second Motion to Compel filed
December 18, 2012. (Docket No. 79-80). Defendant Abbas Ben Afshari’s
Response was filed January 4, 2013. (Docket No. 81).
The Magistrate Judge, being duly advised, now GRANTS Bear Archery’s
Second Motion to Compel, in part, and DENIES the motion, in part, as follows:
1. With respect to Bear Archery’s First Set of Interrogatories Nos. 2-6, the
Motion to Compel is granted. The objections raised by Defendant Afshari are
overruled. In this district, a party responding to interrogatories must make a
good faith effort to specifically answer the interrogatories prior to the completion
of discovery. The answering party has the right and duty under FED. R. CIV. P.
26 to supplement those answers at the close of the discovery period when later

identified information suggests that a response must be amended. None of the
answers to interrogatories given to date specifically addresses the questions
asked or provides a specific recitation to particular pieces of evidence upon
which an answer is based.
2. With respect to the First Request for Production of Documents Nos. 28, the Magistrate Judge sustains the objection of vagueness and over breadth to
Document Request Nos. 2, 3, and 4. Document Request No. 2 need not be
responded to. With respect to Document Request No. 3, Mr. Afshari shall be
required to produce only a complete file history for the 488 patent which would
include correspondence with the USPTO associated with the patent and any
continuation patent applications claiming priority to the 488 patent. With
respect to Document Request No. 4, Mr. Afshari shall produce only a copy of any
licensing agreements entered into by him concerning the 488 patent. Mr.
Afshari’s objection to Document Request Nos. 5-8 are overruled.
3. Mr. Afshari shall provide specific answers to the interrogatories and
provide copies of all documents specifically ordered to be produced within fifteen
(15) days of the date of this entry.
SO ORDERED.
Dated: January 10, 2013

__________________________
William G. Hussmann, Jr.
United States Magistrate Judge
Southern District of Indiana

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Served electronically on all ECF-registered counsel of record.
Served via first-class U.S. Mail:
ABBAS BEN AFSHARI
4950 Jennie Kate Lane
Lexington, KY 40610
ABBAS BEN AFSHARI
133 Venture Court
Lexington, KY 40610

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