Everlast World's Boxing Headquarters Corporation v. Ringside, Inc. et al

Filing 133

ORDER regarding opposing requests for discovery sanctions. Signed by Magistrate Judge Kenneth G. Gale on 1/12/15. (df)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

EVERLAST WORLD’S BOXING
HEADQUARTERS CORPORATION,

)
)
)
Plaintiff,
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RINGSIDE, INC., et al.,
)
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Defendants.
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___________________________________ )

Case No.: 13-2150-CM-KGG

ORDER AWARDING OFFSETTING SANCTIONS
Two matters concerning the imposition of sanctions remain for resolution.
In its Memorandum and Order on Defendants’ Motion to Enforce Discovery and
for Sanction (Doc. 71) this Court granted Defendants’ motion for the imposition of
sanctions under Fed.R.Civ.P. 37 because Plaintiff’s position in regard to the vast
majority of issues in that motion was unreasonable and not substantially justified.
The Court ordered that Defendants submit a verified accounting of their attorney
feels and expense for the Court’s consideration in the award of sanctions. In
response, Defendants submitted a Bill of Costs (Doc. 78) to which Plaintiff filed a
response (Doc. 79). The Court ordered that additional information be submitted
(Doc. 87) which was provided (Doc. 101). Plaintiff filed a response to that
submission (Doc. 107). The Court has considered these submissions.

In the meantime, the Court reviewed and ruled upon a motion to compel
filed by Plaintiff (Docs. 111, 112). In granting that motion, the Court found that
Defendants’ position with regard to that motion was “not only unreasonable, but in
blatant disregard of the rules and spirit of discovery.” (Doc. 112, at 12.) Plaintiff’s
did not request sanctions as to that motion, but the Court ordered Defendants to
show cause why sanctions should not be awarded. In their response to the Order to
Show Cause, Defendants essentially argue that the voluminous requests for
documents required additional time. Plaintiff filed a response (Doc. 116) asking to
provide fees information which the Court has considered.
Defendants’ response to the Order to Show Cause does not justify the
unreasonable positions taken in their responses and their arguments to the Court.
Neither does a need for more time justify the positions taken in the motion. A need
for time justifies a request for more time by a proper motion, not obstruction of the
process by taking unreasonable positions in discovery responses or in response to
motions. The Court finds that sanctions should be imposed on Defendants, also,
under Fed.R.Civ.P. 37. Thus, the Court is in the position of deciding the
appropriate amount of sanctions to be awarded to Defendants under its initial
sanctions award and the appropriate amount to award Plaintiff under this more
recent ruling.
This case has been plagued, in the Court’s assessment, by needless and

wasteful jousting over matters which do not bring this matter closer to resolution.1
The Court is required to construe and administer the Rules “to secure the just,
speedy and inexpensive determination of every action and proceeding.”
Fed.R.Civ.P. 1. Ordering a fees and costs submission by Plaintiff at this point, thus
inviting another round of litigation, will not accomplish those goals. Rather, the
Court finds that the purpose of a sanctions award may accomplished by awarding
Plaintiff, as a sanction against Defendants, the vacation of the unliquidated
sanctions order against Plaintiff in favor of Defendants. In a more vernacular
description, the Court declares “off-setting penalties.”2
WHEREFORE, sanctions are awarded for and against both parties in an
unliquidated, but equal, amount.
IT IS SO ORDERED.
Dated at Wichita, Kansas, on this 12th day of January, 2015.
S/ KENNETH G. GALE

KENNETH G. GALE
United States Magistrate Judge

1

The Court has considered the other discovery disputes in this case, including the
Court’s recent ruling (Doc. 132), in arriving at the resolution herein. Additional motions
and requests for sanctions based on motions filed to date are strongly discouraged.
2

National Football League Rule 14, Section 3.