Mai Larsen Designs v. Want2Scrap, LLC, et al

Filing 73

ORDER DENYING 53 Motion to Compel; GRANTING 60 Motion to Compel. It is further ORDERED that Defendants are awarded attorneys' fees in the amount of $400.00. Signed by Judge Elizabeth S. Chestney. (rg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
MAI LARSEN DESIGNS,
Plaintiff,
vs.
WANT2SCRAP, LLC, MICHELLE
PARRISH, CREATIVE SCRAP
DESIGNS,
Defendants.

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CIVIL NO.
SA-17-CV-1084-ESC

ORDER
Before the Court in the above-styled and numbered cause of action1 are
Defendants/Counter-Plaintiffs Want2Scrap, LLC, and Michele Parrish’s Motion to Compel
Production of Documents or, in the Alternative, Motion for Sanctions [#53] and
Plaintiff/Counter-Defendant Mai Larsen Designs and Counter-Defendants Mabel Larsen and
Creative Scrap Designs’ Motion to Compel Production of Documents or, in the Alternative,
Motion for Sanctions [#60].

In resolving these motions, the Court has also considered the

responses and replies filed by the parties [#59, #65, #67, #69].
The procedural history of this case begins in the Northern District of Indiana, where
Want2Scrap, LLC, filed a complaint against Mabel Larsen, Mai Larsen Designs, and Creative
Scrap Designs (collectively, “Plaintiffs”). The next day, Mai Larsen Designs commenced this
action against Want2Scrap and its owner, Michele Parrish (collectively, “Defendants”) [#1]. The
Indiana case was transferred to this Court and consolidated with this case. The parties have
consented to have a United States magistrate judge conduct all proceedings in this case,
including the entry of a final judgment [#17, #18].

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Michele Parrish is incorrectly identified in the heading of this case as “Michelle Parrish.”

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A scheduling order was entered on June 22, 2018 [#26], and the deadlines therein were
extended on August 28, 2018 [#33]. As relevant here, the Amended Scheduling Order included
a discovery deadline of February 14, 2019.
On February 14, 2019, Defendants filed a motion to compel and motion for sanctions
[#53]. On March 13, 2019, Plaintiffs filed a motion to compel and motion for sanctions [#60].
The Court held a hearing on the motions on March 27, 2019, and all parties appeared through
counsel of record. After considering the motions, the responses and replies thereto, the entire
record in this matter, the applicable law, the parties’ pre-hearing joint advisory [#70], the
agreements of the parties confirmed on the record, and the arguments made at the hearing, the
Court made certain oral rulings and stated its reasons for those rulings on the record. The Court
now confirms its oral rulings with the following written orders:
IT IS THEREFORE ORDERED that, with respect to Plaintiffs’ Motion to Compel
Production of Documents or, in the Alternative, Motion for Sanctions [#60], the parties reached
an agreement that Defendants will produce unredacted copies of the Facebook Messenger text
message exchanges, on the condition that the documents be designated “for attorneys’ eyes only”
pursuant to the terms of the Confidentiality and Protective Order [#45]. Defendants shall
produce the agreed upon materials within seven days of the date of this Order. Thus, the portion
of Plaintiffs’ motion seeking that information is DISMISSED AS MOOT in light of the parties’
agreement, and nothing in the ruling should be construed as a ruling on the admissibility of the
information for trial purposes. In all other respects, Plaintiffs’ motion is DENIED.
IT IS FURTHER ORDERED that Defendants’ Motion to Compel Production of
Documents or, in the Alternative, Motion for Sanctions [#60] is GRANTED. Plaintiffs are

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instructed to produce the text messages and video described during the hearing by Thursday,
March 28, 2019.
IT IS FURTHER ORDERED that Defendants are awarded attorneys’ fees in the
amount of $400.
IT IS SO ORDERED.
SIGNED THIS 27TH DAY OF MARCH, 2019.

ELIZABETH S. ("BETSY") CHESTNEY
UNITED STATES MAGISTRATE JUDGE

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