Markham Concepts, Inc. v. Hasbro, Inc.
ORDER denying as moot 129 Motion to Compel; denying 144 Motion for Attorney Fees- So Ordered by Chief Judge William E. Smith on 12/15/2017. (Barletta, Barbara)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
MARKHAM CONCEPTS, INC.; SUSAN GARRETSON;)
and LORRAINE MARKHAM, individually and )
in her capacity as Trustee of the Bill )
and Lorraine Markham Exemption Trust
and the Lorraine Markham Family Trust, )
C.A. No. 15-419 WES
HASBRO, INC.; REUBEN KLAMER; DAWN
LINKLETTER GRIFFIN; SHARON LINKLETTER; )
MICHAEL LINKLETTER; LAURA LINKLETTER
RICH; DENNIS LINKLETTER; THOMAS FEIMAN, )
in his capacity as co-trustee of the
Irvin S. and Ida Mae Atkins Family
Trust; ROBERT MILLER, in his capacity
as co-trustee of the Irvin S. and Ida
Mae Atkins Family Trust; and MAX
CANDIOTTY, in his capacity as
co-trustee of the Irvin S. and Ida Mae )
Atkins Family Trust,
WILLIAM E. SMITH, Chief Judge.
This case is before the Court on Plaintiffs’ Motion to Compel
Discovery (ECF No. 129) and Motion for Attorneys’ Fees (ECF No.
In the former, Plaintiffs complained that Defendants Dawn
Linkletter Griffin, Sharon Linkletter, Michael Linkletter, Laura
Linkletter Rich, and Dennis Linkletter (collectively, “Linkletter
Defendants”) had not timely responded to certain of Plaintiffs’
discovery requests. However, because the Linkletter Defendants
answered these requests soon after Plaintiffs’ filed their Motion
to Compel, Plaintiffs’ Motion to Compel Discovery is DENIED as
And because the Linkletter Defendants served their requests
prior to conferring pursuant to Rule 26(f) of the Federal Rules of
Civil Procedure, and while the Linkletter Defendants’ had a motion
to dismiss pending, their Motion for Attorneys’ Fees is DENIED.
See Pierce v. Underwood, 487 U.S. 552, 565 (1988) (noting that
imposition of attorneys’ fees for resisting discovery request
inappropriate where “reasonable people could differ as to the
appropriateness of the contested action” (brackets and quotations
IT IS SO ORDERED.
William E. Smith
Date: December 15, 2017
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