POM Wonderful LLC v. Ocean Spray Cranberries, Inc. et al

Filing 17

Judge Joseph L. Tauro: ORDER entered.After a Hearing held on 10/25/2011, this court has determined that POM Wonderful, LLC has not provided a persuasive reason as to why Arnold Worldwide, LLC should testify at a deposition or produce documents on top ics other than: (1) Ocean Spray's Cranberry & Pomegranate Flavored Juice Blended with Three Juices from Concentrate with added Ingredients and n (2) Ocean Spray's work with Arnold targeting and investigating Pom Wonderful, LLC specifically. This Court hereby orders that : Third Party Arnold Worldwide, LLC's MOTION to Quash Subpoena 1 is ALLOWED. Arnold Worldwide, LLC must comply with the subpoena to testify at a deposition and to produce documents by Tuesday, 11/8/2011. The Depo sition and the production of documents are limited to the following topics included in this ORDER. POM Wonderful, LLC Application for Order to show Cause and to Why Third Party Arnold Worldwide, LLC Should Not Be Held in Contempt for Disobedience of Depositions Subpoena and Request for Oral Argument 7 and 8 are DENIED. Arnold Worldwide LLC's Motion to Strike POM Wonderful's Motion for Contempt 11 is DENIED AS MOOT. IT IS SO ORDERED. SEE ORDER FOR DETAILS. (Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
IN RE SUBPOENA TO ARNOLD
WORLDWIDE, LLC.

POM WONDERFUL LLC, a Delaware
limited liability company,
Plaintiff,
v.
OCEAN SPRAY CRANBERRIES, INC.,
a Delaware corporation; and DOES 1-10
inclusive,
Defendants.
AND RELATED COUNTERCLAIM

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Misc. A. No. 11-91182-JLT

ORDER
October 25, 2011
TAURO, J.
After a Hearing held on October 25, 2011, this court has determined that Pom Wonderful,
LLC has not provided a persuasive reason as to why Arnold Worldwide, LLC should testify at a
deposition or produce documents on topics other than: (1) Ocean Spray’s Cranberry &
Pomegranate Flavored Juice Blended with Three Juices from Concentrate with Added
Ingredients1 and (2) Ocean Spray’s work with Arnold targeting and investigating Pom Wonderful,
LLC specifically.2

1

2

Referred to by Pom Wonderful, LLC as “Cranberry & Pomegranate product.”

See Order on Plaintiff and CounterDefendant’s Motion to Compel Further Response and
Production of Documents, Pom Wonderful LLC v. Ocean Spray Cranberries, Inc., No. 09-00565-

This court hereby orders that:
1.

Third Party Arnold Worldwide, LLC’s Motion to Quash, or in the Alternative, to
Modify Plaintiff’s Subpoena to Testify at a Deposition in a Civil Action [#1] is
ALLOWED. Arnold Worldwide, LLC must comply with the subpoena to testify
at a deposition and to produce documents by Tuesday, November 8, 2011. The
deposition and the production of documents are limited to the following topics:
i.

Ocean Spray’s Cranberry & Pomegranate Flavored Juice Blended with
Three Juices from Concentrate with Added Ingredients.3

ii.

Ocean Spray’s work with Arnold targeting and investigating Pom
Wonderful, LLC specifically.

2.

POM Wonderful, LLC’s Application for Order to Show Cause as to Why Third
Party Arnold Worldwide LLC Should Not Be Held in Contempt for Disobedience
of Deposition Subpoena and Request for Oral Argument [#7 and #8] is DENIED.

3.

Arnold Worldwide LLC’s Motion to Strike POM Wonderful’s Motion for
Contempt [#11] is DENIED AS MOOT.

IT IS SO ORDERED.
/s/ Joseph L. Tauro
United States District Judge

DDP (C.D. Cal. Nov. 3, 2010), ECF no. 104 (limiting discovery from Ocean Spray to documents
that reference Ocean Spray’s Cranberry & Pomegranate Flavored Juice Blended with Three Juices
from Concentrate with Added Ingredients).
3

This includes all documents that refer to Ocean Spray’s Cranberry & Pomegranate
Flavored Juice Blended with Three Juices from Concentrate with Added Ingredients, even if these
documents also refer to other products.
2