Talking Rain Beverage Company Inc v. DS Services of America, Inc.

Filing 81

ORDER granting defendant's 70 Motion to Compel; granting defendant's 72 Motion for Relief from Deadline by Judge Ricardo S Martinez.(RS)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 8 9 10 11 12 TALKING RAIN BEVERAGE COMPANY, INC., Plaintiff, v. Case No. C15-1804 RSM ORDER GRANTING MOTION TO COMPEL AND GRANTING MOTION FOR RELIEF FROM DEADLINE DS SERVICES OF AMERICA, INC., Defendant. 13 THIS MATTER comes before the Court on Defendant’s Motion to Compel 14 15 Discovery (Dkt. #70) and Motion for Relief from Deadlines (Dkt. #72). In its Motion to 16 Compel, Defendant seeks an Order compelling the production of Plaintiff’s shelf space 17 agreements. Dkt. #70. Plaintiff objects to the request on the basis of relevance. Dkt. #74. 18 In its Motion for Relief from Deadlines, Defendant seeks relief from the Expert Disclosure 19 deadline of March 13, 2017. Dkt. #72. Plaintiff objects to the motion on the basis that the 20 request is neither reasonable nor legitimate. Dkt. #75. 21 Having reviewed the motions, the oppositions thereto and the replies in support 22 23 thereof, along with the remainder of the record, the Court hereby ORDERS: 24 1. Defendant’s Motion to Compel (Dkt. #70) is GRANTED. Plaintiff shall produce 25 any documents responsive to Defendant’s Request for Production No. 34 no later 26 than fourteen (14) days from the date of this Order. For the reasons set forth ORDER - 1 1 2 3 by Defendant in its motion, the Court agrees that such documents are relevant and should be produced. 2. Defendant’s Motion for Relief from Deadline (Dkt. #72) is GRANTED. 4 5 6 7 8 Defendant shall disclose any expert witness opinions relating to its allegations of anticompetitive behavior no later than twenty-eight (28) days from the date of this Order. DATED this 31st day of March 2017. 9 10 A 11 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 2

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