BreathableBaby, LLC v. Crown Crafts, Inc. et al

Filing 103

ORDER - Defendants' objection to Magistrate Judge Tony N. Leung's order on the motion to compel of plaintiff BreathableBaby, LLC 90 is OVERRULED. The May 31, 2013 order of Judge Leung 89 is ADOPTED. BreathableBaby's motion to compel 56 is GRANTED IN PART and DENIED IN PART, as set forth in Judge Leung's order. (Written Opinion). Signed by Judge Patrick J. Schiltz on 07/01/13. (bjs)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
BREATHABLEBABY, LLC,

Case No. 12-CV-0094 (PJS/TNL)

Plaintiff,
v.

ORDER

CROWN CRAFTS, INC., a Delaware
corporation; and CROWN CRAFTS INFANT
PRODUCTS, INC., a Delaware corporation,
Defendants.

Erik G. Swenson, George Washington Jordan, III, and Laura J. Borst, FULBRIGHT &
JAWORSKI LLP, for plaintiff.
Joshua P. Gunnemann and Phillip S. McKinney, ROGERS & HARDIN LLP; Ruth A.
Rivard and Katherine A. Moerke, LEONARD, STREET AND DEINARD, P.A., for
defendants.
This matter is before the Court on the objection of defendants Crown Crafts, Inc. and
Crown Crafts Infant Products, Inc. to the May 31, 2013 order of Magistrate Judge Tony N.
Leung. ECF No. 90. In that order [ECF No. 89], Judge Leung granted in part and denied in part
the motion to compel [ECF No. 56] of plaintiff BreathableBaby, LLC (“BreathableBaby”). The
Court has reviewed Judge Leung’s order and finds nothing in it to be “clearly erroneous or . . .
contrary to law.” Fed. R. Civ. P. 72(a). The order is therefore adopted.
That said, the Court is concerned that there may be a “mismatch” between the discovery
pursued in this case (particularly by BreathableBaby) and the amount at stake in this case. This
case is, of course, of great importance to the parties. But, as patent cases go, this is a modest case.
The record is not entirely clear, but it appears that the parties’ legal expenses could end up
dwarfing the amount that is at stake.

This Court cannot micro-manage discovery from a distance. Judge Leung is much closer
to the situation, which is why his discovery orders are reviewed under a highly deferential
standard. The Court nevertheless notes that, under Rule 26(b)(2)(C)(iii), Judge Leung has the
authority, on his own motion, to “limit the frequency or extent of discovery otherwise allowed by
these rules or by local rule if [he] determines that . . . the burden or expense of the proposed
discovery outweighs its likely benefit, considering the needs of the case, the amount in
controversy, the parties’ resources, the importance of the issues at stake in the action, and the
importance of the discovery in resolving the issues.”
Judge Leung may wish to consider whether it would be prudent to temporarily stay the
discovery permitted by his May 31, 2013 order and meet with the parties and counsel to review
the specific legal costs that have been incurred to date and the specific legal costs that the parties
will likely incur in the future. Based on that review, Judge Leung may (or may not) wish to use
his authority under Rule 26(b)(2)(C)(iii) to more closely manage the additional discovery sought
by BreathableBaby. The Court leaves that question to Judge Leung’s good judgment.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT:
1.

Defendants’ objection to Magistrate Judge Tony N. Leung’s order on the motion to
compel of plaintiff BreathableBaby, LLC [ECF No. 90] is OVERRULED.

2.

The May 31, 2013 order of Judge Leung [ECF No. 89] is ADOPTED.

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3.

BreathableBaby’s motion to compel [ECF No. 56] is GRANTED IN PART and
DENIED IN PART, as set forth in Judge Leung’s order.

Dated: July 1 , 2013

s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge

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