Roger Cleveland Golf Company Inc v. Prince et al

Filing 54

MOTION to Compel by Roger Cleveland Golf Company Inc. Response to Motion due by 10/25/2010 (Attachments: # 1 Exhibit A - 2nd Requests for Production)No proposed order(McElwaine, John)

Roger Cleveland Golf Company Inc v. Prince et al

Doc. 54

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, Prince Distribution, LLC, and Bright Builders, Inc. Defendants.
Pursuant to Federal Rule of Civil Procedure 37 and Local Civil Rule 37.01 (DSC), the Plaintiff, Roger Cleveland Golf Company, Inc., ("Plaintiff") hereby moves for an order compelling the Defendant Bright Builders, Inc. ("Defendant") to answer Plaintiff's Second Set of Requests for Production of Documents, on the grounds that over thirty days have elapsed following service of these discovery requests without the receipt of responses from the Defendants. In support of this Motion, the Plaintiff would respectfully show the following: 1. On August 12, 2009, Plaintiff initiated this action for trademark infringement and

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Civil Action No. 2:09-2119-MBS

PLAINTIFF'S MOTION TO COMPEL

unfair competition relating to the sale of counterfeit Cleveland Golf brand golf clubs over the internet, specifically through websites owned by the Defendants. 2. On August 16, 2010, Plaintiff served counsel for Defendants with its Second Set of

Requests for Production of Documents via hand-delivery. A copy of Plaintiff's Second Set of Requests for Production of Documents is attached hereto as Exhibit A. The certificate of service showing service via hand-delivery on August 16, 2010 is attached as the last page to Exhibit A. 3. As of the date of the filing of this motion no responses have been received and no

documents have been produced.

Dockets.Justia.com

4.

Unfortunately, an extension cannot be granted by counsel, since the request would

put the due date beyond thirty (30) days before the deadline to complete discovery. By this Motion and pursuant to Rules 37(a)(3)(B)(iii) and (iv) of the Federal Rules of Civil Procedure, Plaintiff is merely seeking to compel discovery responses which are overdue. WHEREFORE, the Plaintiff prays the Court that the Defendant be ordered to provide responses and responsive documents to Plaintiff's Second Set of Requests for Production of Documents within five (5) days of the date of the Order.

NELSON MULLINS RILEY & SCARBOROUGH LLP

By: s/John C. McElwaine John C. McElwaine Federal Bar No. 6710 E-Mail: [e-mail] Jeffrey S. Patterson Federal Bar No. 6603 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 October 6, 2010

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