Southern Snow Manufacturing Co., Inc. v. SnoWizard Holdings, Inc. et al

Filing 478

ORDER granting in part and denying in part 448 Motion to Compel Discovery, as stated herein. Signed by Magistrate Judge Sally Shushan on 11/22/2011. (Reference: 11-1499) (tsf, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

SOUTHERN SNOW
MANUFACTURING CO., INC.

CIVIL ACTION

VERSUS

NO: 06-9170 c/w 09-3394,
10-0791, 10-4275, 11-880
and 11-1499-NJB-SS

SNOWIZARD HOLDINGS, INC., et al
Applies to 11-1499

ORDER
MOTION OF SOUTHERN SNOW MANUFACTURING CO., INC. AND OTHERS TO COMPEL
DISCOVERY IN 11-1499 (Rec. doc. 448)
GRANTED IN PART AND DENIED IN PART
On October 18, 2011, Southern Snow Manufacturing Co., Inc. (“Southern Snow”), Parasol
Flavors, LLC, Simeon, Inc., Plum Street Snowballs, Theodore Eisenmann, Raggs Supply, LP,
Special T Ice Co., Inc., Van’s Snowballs, and Snow Ingredients, Inc. filed a motion for sanctions
and to compel further responses to interrogatories and requests for production of documents from
SnoWizard, Inc. (“SnoWizard”). Rec. doc. 448. The request for sanctions is denied.
Southern Snow and the other movers contend, in part, that SnoWizard’s discovery responses
are incomplete. SnoWizard filed an opposition with a declaration from Ronald Sciortino, dated
October 25, 2011, explaining why the document production was incomplete. Rec. doc. 450. The
movers submitted a reply disputing the statement in the declaration that documents were destroyed
in 2005 and were unavailable. Rec. doc. 453. SnoWizard presented a supplemental declaration
from Sciortino, dated November 1, 2011. Rec. doc. 458. It provides a satisfactory explanation for
SnoWizard’s inability to produce certain information.

In the October 25 declaration, Sciortino states that for some requests he has produced all the
documents he could “readily” locate. See Rec. doc. 450 (Exhibit A at para. 9). This is an
insufficient response. For certain discovery requests, SnoWizard shall be required to provide an
affidavit from Sciortino stating that, after a diligent search of all documents in his possession
custody or control, he produced all documents responsive to the request (“Affidavit of Diligent
Search”).
In the November 1 declaration, Sciortino reports that: (1) certain programming must be
completed before SnoWizard is able to produce the requested sales data; and (2) it may take four
weeks to complete the programming and provide the sales data. SnoWizard shall produce the
requested sales data by Friday, December 23, 2011.
Request for production nos. 1 and 3.
The requests do not contain any temporal limit. SnoWizard’s objections are sustained. No
further response is required.
Request for production no. 7-9, 12, 13 and 15-17.
By Friday, December 16, 2011, SnoWizard shall provide the Affidavit of Diligent Search
and produce any additional documents responsive to these requests.
Request for production no. 14.
By Friday, December 23, 2011, SnoWizard shall provide a privilege log for all documents
responsive to this request, which it contends are protected from disclosure.

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Interrogatory nos. 1-4.
SnoWizard’s objections are overruled. By Friday, December 16, 2011, it shall: (1) answer
the interrogatories; (2) provide the Affidavit of Diligent Search; and (3) produce any documents
identified in response to the interrogatories, other than the sales data.
Interrogatory nos. 5-7.
SnoWizard answered subject to the objection. No further response is required.
Interrogatory nos. 8 and 9.
By Friday, December 23, 2011, SnoWizard shall provide a privilege log for all documents,
which it contends are protected from disclosure and were withheld in response to these
interrogatories.
Interrogatory no. 10.
SnoWizard answered subject to objections. It shall supplement its response by identifying
with Bates numbers any document referred to in the response to the interrogatory.
IT IS ORDERED that the motion of Southern Snow and others to compel (Rec. doc. 448)
is GRANTED in PART and DENIED in PART as provided herein.
New Orleans, Louisiana, this 22nd day of November, 2011.

SALLY SHUSHAN
United States Magistrate Judge

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