BBY Solutions, Inc. et al v. Karreman et al

Filing 53

ORDER. IT IS HEREBY ORDERED that: 1. Plaintiffs' Corrected Motion Under Rule 37(B)(2)(A)(Vi) for Entry of Default Judgment Against Defendants or In the Alternative Motion to Compel Discovery 38 is GRANTED IN PART and DENIED IN PART a s follows: a. Plaintiffs' request for entry of default is denied. b. Plaintiffs' request for an order compelling production is granted as follows: i. Within 14 days of the date of the Order on this Report and Recommendation, De fendants are ordered to provide complete, accurate, and nonprivileged information responsive to Plaintiffs First Set of Interrogatories and First Set of Requests for Production. ii. Within 14 days of the date of the Order on this Report and Recommen dation, Defendants pay to Plaintiffs $2,500 as reasonable fees and expenses for bringing the present motion. iii. Defendants are warned that any future violation of any court order or applicable rule in this matter will result in an entr y of default, and/or any other sanction, that the court deems appropriate. 2. Stipulation to Amend Pretrial Scheduling Order is GRANTED, and the matter is referred back to the undersigned magistrate judge for determination of appropriate deadlines and entry of an amended pretrial scheduling order consistent with the interests of securing a just, speedy, and inexpensive determination of this action. (Written Opinion). Signed by Chief Judge Michael J. Davis on 5/10/12. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

BBY SOLUTIONS, INC., BEST BUY
STORES, L.P., BESTBUY.COM, LLC,

Civil No. 10-CV-4726 (MJD/TNL)

Plaintiffs,
ORDER

v.
KARRIE-LEE KARREMAN, ELSIE
MADELEINE PITRE, STEWART
FOTHERINGHAM, 2182273
ONTARIO,
INC.,
Defendants.

Christopher K. Larus, Jamie R. Kurtz, and Kelly M. McLain, Robins Kaplan
Miller & Ciresi LLP, 800 LaSalle Avenue, Suite 2800, Minneapolis, MN 554022015 for Plaintiffs.
Peter J. Gleekel, Bradley J. Walz, and Sofia A. Estrellado, Winthrop & Weinstine,
PA, 225 S 6th Street, Suite 3500, Minneapolis, MN 55402-4629 for Defendants.

Based upon the Report and Recommendation by United States Magistrate
Judge Tony N. Leung dated March 26, 2012 (Docket No.50), along with all the
files and records, and in considering the objection filed by Defendants,

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IT IS HEREBY ORDERED that:
1. Plaintiffs’ Corrected Motion Under Rule 37(B)(2)(A)(Vi) for Entry of
Default Judgment Against Defendants or In the Alternative Motion to
Compel Discovery (Docket No. 38) is GRANTED IN PART and DENIED
IN PART as follows:
a. Plaintiffs’ request for entry of default is denied.
b. Plaintiffs’ request for an order compelling production is granted as
follows:
i.

Within 14 days of the date of the Order on this Report and
Recommendation, Defendants are ordered to provide
complete, accurate, and nonprivileged information responsive
to Plaintiffs’ First Set of Interrogatories and First Set of
Requests for Production.

ii. Within 14 days of the date of the Order on this Report and
Recommendation, Defendants pay to Plaintiffs $2,500 as
reasonable fees and expenses for bringing the present motion.
iii. Defendants are warned that any future violation of any court
order or applicable rule in this matter will result in an entry of

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default, and/or any other sanction, that the court deems
appropriate.
2. Stipulation to Amend Pretrial Scheduling Order is GRANTED, and the
matter is referred back to the undersigned magistrate judge for
determination of appropriate deadlines and entry of an amended pretrial
scheduling order consistent with the interests of securing a just, speedy,
and inexpensive determination of this action.

Date: May 10, 2012

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

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