USSC Holdings Corp. et al v. TK Products, LLC et al

Filing 52

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)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
USSC HOLDINGS CORP., et al.,
9
10
11
12
13

)
)
Plaintiffs,
)
)
vs.
)
)
TK PRODUCTS, LLC., et al.,
)
)
Defendants.
)
______________________________________)

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)

14
On January 26, 2017, the court denied the motion of Defendants TK Products, LLC, Kurt O.
15
Bauer and Trent Farrer (ECF No. 42) to hold Livespark, Inc., in contempt and to compel Livespark’s
16
compliance with a subpoena. Among the grounds the court cited for denying Defendants’ motion
17
(without prejudice) was the apparent failure of Defendants to have served Livespark with Defendants’
18
motion. (ECF No. 48 at 1.) While the Certificate of Service accompanying Defendants’ motion did not
19
reflect service on Livespark (ECF No. 42 at 6; 1/6/2017), it has come to the court’s attention that
20
Defendants subsequently filed a “Proof of Service” on Livespark’s resident agent, Nevada Legal Forms,
21
Inc. (ECF No. 47, 1/18/2017.)
22
The court overlooked the Proof of Service of the motion. Nevertheless, the conclusion reached
23
in the court’s order remains. The same rationale the court expressed in the order as to the questionable
24
validity of the service of the underlying subpoena on Livespark’s resident agent apply equally as well
25
to the putative service of the motion, also on the resident agent. (Order, ECF No. 48, at 2-5.)
26
///
27
///
28

1
2

Accordingly, the court re-affirms its Order denying Defendants’ Motion for Sanctions/Motion
to Compel (ECF No. 42).

3

IT IS SO ORDERED.

4

DATED: January 31, 2017.

5
____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2