Memphis Dental Manufacturing Co., Inc. v. Base Plate Wax Direct, Inc. et al

Filing 68

ORDER granting 65 Motion to Compel. Signed by Chief Magistrate Judge Tu M. Pham on June 5, 2024. (cmd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
MEMPHIS DENTAL MANUFACTURING
CO., INC.,

)
)
)
Plaintiff/Counter-Defendant, )
)
v.
)
)
BASE PLATE WAX DIRECT, INC.,
)
TERRANCE MARMINO, and
)
FRANK BOWMAN,
)
)
Defendants/Counter-Plaintiffs.)

No. 22-cv-02790-TLP-tmp

ORDER GRANTING DEFENDANT/COUNTER-PLAINTIFFS’ MOTION TO COMPEL
On May 17, 2024, Defendants/Counter-Plaintiffs Base Plate Wax
Direct, Inc. (“Base Plate”), Terrance Marmino, and Frank Bowman
(collectively “Defendants”) filed a Motion to Compel full and
complete

discovery

responses

to

the

requests

served

on

Plaintiff/Counter-Defendant Memphis Dental Manufacturing Co., Inc.
(“Memphis Dental”). (ECF No. 65.)

A response to that motion was

due on May 28, 2024. This motion was referred to the undersigned
on May 20, 2024. (ECF No. 66.) To date, no response has been filed.
Under the Local Rules, “[f]ailure to respond timely to any motion,
other than one requesting dismissal of a claim or action, may be
deemed good grounds for granting the motion.” L.R. 7.2(a)(2).
Therefore, Defendants’ Motion to Compel is GRANTED in full, and

Memphis Dental is hereby ORDERED to respond to the discovery
requests by Tuesday, June 25, 2024.
Regarding Interrogatory No. 16 and Requests for Production
Nos. 7, 20, and 27 of Base Plate’s discovery requests, Base Plate
asked Memphis Dental to identify and produce the secret wax formula
and the batch list for the wax products that Memphis Dental sells.
(ECF No. 65-1 at PageID 317, 321–323.) Memphis Dental is ORDERED
to

produce

discovery

responses,

including

the

unredacted

weights/measurements of the mixtures, but may do so according to
the attorneys-eyes-only provision in the First Amended Protective
Order and consistent with the April 19, 2024 order. (ECF Nos. 59
& 63.)
Regarding Interrogatory Nos. 4, 7, 8, 11, 12, and 17–19, and
Requests for Production Nos. 2, 3, 11, 12, 14, 29, and 31, Base
Plate asked for the identities and production of documents related
to

Memphis

Dental’s

customers,

including

the

customer

list,

purchase orders, and invoices. (ECF No. 65-1 at PageID 316–18,
321,

324.)

Memphis

Dental

is

ORDERED

to

produce

discovery

responses, but may do so according to the attorneys-eyes-only
provision in the First Amended Protective Order and consistent
with the April 19, 2024 order. (ECF Nos. 59 & 63.)
Regarding Interrogatory Nos. 6, 9, 10, and 23, and Requests
for Production Nos. 4, 5, and 6, Base Plate requested information
regarding the proprietary information that Memphis Dental alleges
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that Base Plate has used in its business. (ECF No. 65-1 at PageID
316, 319–20.) Memphis Dental is ORDERED to produce discovery
responses, but may do so according to the attorneys-eyes-only
provision in the First Amended Protective Order and consistent
with the April 19, 2024 order. (ECF Nos. 59 & 63.)
Regarding Request for Production No. 24, Base Plate asked for
“a copy of all financial information, including balance sheets,
tax returns, profit and loss statements, or otherwise, showing all
financial information of yours for the years 2020, 2021, 2022 and
2023.” (ECF No. 65-1 at PageID 323.) Memphis Dental is ORDERED to
produce

this

information

but

may

do

so

according

to

the

confidential designation provisions found in paragraphs four and
five of the First Amended Protective Order. (ECF No. 59, p. 2.)
Finally, regarding Request for Production No. 22, Base Plate
requested that Memphis Dental “[p]roduce a copy of any reports
which have been made by you, your attorney or anyone acting on
your behalf concerning relevant issues of this suit.” (ECF No. 651 at PageID 323.) This request appears to potentially include
confidential work product. The undersigned declines to rule on
whether any privilege applies to documents responsive to this
request. Therefore, in producing responsive documents, Memphis
Dental is not prohibited from asserting any privileges that may
apply.
IT IS SO ORDERED.
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s/Tu M. Pham
TU M. PHAM
Chief United States Magistrate Judge
June 5, 2024
Date

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