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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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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.

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THIS MATTER comes before the Court on Defendant’s Motion to Compel
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Discovery (Dkt. #70) and Motion for Relief from Deadlines (Dkt. #72). In its Motion to

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Compel, Defendant seeks an Order compelling the production of Plaintiff’s shelf space

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agreements. Dkt. #70. Plaintiff objects to the request on the basis of relevance. Dkt. #74.

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In its Motion for Relief from Deadlines, Defendant seeks relief from the Expert Disclosure

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deadline of March 13, 2017. Dkt. #72. Plaintiff objects to the motion on the basis that the

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request is neither reasonable nor legitimate. Dkt. #75.

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Having reviewed the motions, the oppositions thereto and the replies in support
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thereof, along with the remainder of the record, the Court hereby ORDERS:

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1. Defendant’s Motion to Compel (Dkt. #70) is GRANTED. Plaintiff shall produce

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any documents responsive to Defendant’s Request for Production No. 34 no later

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than fourteen (14) days from the date of this Order. For the reasons set forth
ORDER - 1

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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.

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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.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER - 2