Roger Cleveland Golf Company Inc v. Prince et al

Filing 39

Withdrawal of Motions: 23 MOTION to Compel filed by Roger Cleveland Golf Company Inc.. (Smith, Janene)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION Roger Cleveland Golf Company, Inc., Plaintiff, vs. Christopher Prince, Sheldon Shelley and Prince Distribution, LLC. Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:09-2119-MBS

Notice of Withdrawal of Motion to Compel Responses to Plaintiff's First Set of Interrogatories and Requests for Production

COMES NOW, Plaintiff, Roger Cleveland Golf Company, Inc., ("Plaintiff") and hereby files this Notice that the Motion to Compel filed on March 18, 2010, (Docket Entry No. 23) concerning the failure of Defendants Christopher Prince and Prince Distribution, LLC, ("Defendants") to answer Plaintiff's First Set of Interrogatories and First Requests for Production of Documents is hereby withdrawn. Defendants have provided initial responses to these

discovery requests, the sufficiency of which counsel for Plaintiff is in the process of accessing. Counsel for Plaintiff will work with Defendants' counsel to resolve any issue that might arise concerning the content of these responses, and Plaintiff reserves the right to challenge the sufficiency of these responses under Federal Rule of Civil Procedure 37 and Local Civil Rule 37.01 (DSC).

[SIGNATURE BLOCK ON FOLLOWING PAGE]

NELSON MULLINS RILEY & SCARBOROUGH LLP

By: s/Janene B. Smith John C. McElwaine Federal Bar No. 6710
E-Mail: [e-mail]

Janene B. Smith Federal Bar No. 9960
E-Mail: [e-mail]

151 Meeting Street / Sixth Floor Post Office Box 1806 (29402-1806) Charleston, SC 29401-2239 [phone] Admitted Pro Hac Vice Christopher S. Finnerty Massachusetts Bar No. 65732 E-mail: [e-mail] Morgan T. Nickerson Massachusetts Bar No. 667290 E-mail: [e-mail] One Boston Place, 40th Floor Boston, MA 02108 [phone] Attorneys for Plaintiff Roger Cleveland Golf Company, Inc. Charleston, South Carolina May 4, 2010

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