USSC Holdings Corp. et al v. TK Products, LLC et al
Filing
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ORDER - The court re-affirms its Order (ECF No. 48 ) denying Defendants' Motion for Sanctions/Motion to Compel (ECF No. 42 ). Signed by Magistrate Judge William G. Cobb on 1/31/2017. (Copies have been distributed pursuant to the NEF - DRM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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USSC HOLDINGS CORP., et al.,
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Plaintiffs,
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vs.
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TK PRODUCTS, LLC., et al.,
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Defendants.
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______________________________________)
3:16-cv-00398-RCJ-WGC
ORDER REGARDING COURT ORDER
(ECF No. 48) DENYING WITHOUT
PREJUDICE DEFENDANTS’
MOTION FOR SANCTIONS/MOTION
TO COMPEL (ECF No. 42)
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On January 26, 2017, the court denied the motion of Defendants TK Products, LLC, Kurt O.
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Bauer and Trent Farrer (ECF No. 42) to hold Livespark, Inc., in contempt and to compel Livespark’s
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compliance with a subpoena. Among the grounds the court cited for denying Defendants’ motion
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(without prejudice) was the apparent failure of Defendants to have served Livespark with Defendants’
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motion. (ECF No. 48 at 1.) While the Certificate of Service accompanying Defendants’ motion did not
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reflect service on Livespark (ECF No. 42 at 6; 1/6/2017), it has come to the court’s attention that
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Defendants subsequently filed a “Proof of Service” on Livespark’s resident agent, Nevada Legal Forms,
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Inc. (ECF No. 47, 1/18/2017.)
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The court overlooked the Proof of Service of the motion. Nevertheless, the conclusion reached
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in the court’s order remains. The same rationale the court expressed in the order as to the questionable
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validity of the service of the underlying subpoena on Livespark’s resident agent apply equally as well
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to the putative service of the motion, also on the resident agent. (Order, ECF No. 48, at 2-5.)
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Accordingly, the court re-affirms its Order denying Defendants’ Motion for Sanctions/Motion
to Compel (ECF No. 42).
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IT IS SO ORDERED.
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DATED: January 31, 2017.
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____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE
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