Varsity Brands, Inc. et al v. Star Athletica, LLC

Filing 133

ORDER DENYING 110 , 114 Defendant's First Motion to Compel. Signed by Magistrate Judge Charmiane G. Claxton on 04/24/2012. (Claxton, Charmiane)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

VARSITY BRANDS, INC., VARSITY
SPIRIT CORPORATION, and VARSITY
SPIRIT FASHIONS & SUPPLIES, INC.,

Plaintiffs,

v.

No.: 2:10-cv-02508-RHC-cgc

STAR ATHLETICA, LLC

Defendant.

ORDER DENYING DEFENDANT’S FIRST MOTION TO COMPEL

The Court, having considered Defendant’s First Motion to Compel (D.E.#110 and 114), finds
that the Motion should be granted in part and denied in part.
Pursuant to the parties’ agreement before this Court to resolve the issues raised in the instant
Motion, the Court ORDERS Plaintiffs to immediately produce documents and things in complete
form for the following category of documents: (1) the requested training, construction and quality
assurance manuals, (2) all of the Copyright Office correspondence for all of Plaintiffs’ designs
where there was an initial rejection and a request for reconsideration and all decisions, and (3) all
documents, emails, memos and other correspondence which are reasonably accessible under Rule
26(b)(2)(B) and (C) within or between Plaintiffs’ departments or with Plaintiffs’ and its contract
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manufacturers regarding the creation of the five designs at issue, any patterns and creation of the
same relating to the five designs at issue, and any manufacturing specifications relating to the five
designs at issue. Only category 3 is limited to the five designs at issue. This Order is further limited
in time to documents and things from one year prior to the earliest year of creation for the five
designs at issue (1997) through the present.
The remainder of Defendant's Motion to Compel is denied as moot.

IT IS SO ORDERED this 24th day of April, 2012.

s/ Charmiane G. Claxton
CHARMIANE G. CLAXTON
UNITED STATES MAGISTRATE JUDGE

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