Quality Products, Inc. v. Verka Food Products Ltd et al

Filing 69

ORDER denying Plaintiff's 62 Motion to Compel signed by Judge Marsha J. Pechman. (TH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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QUALITY PRODUCTS INC,
Plaintiff,

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CASE NO. C17-1418 MJP
ORDER ON MOTION TO COMPEL

v.
VERKA FOOD PRODUCTS LTD,
Defendant.

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The above-entitled Court, having received and reviewed:

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1. Plaintiff’s Motion to Compel (Dkt. No. 62),

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2. Defendant’s Response to Plaintiff’s Motion to Compel (Dkt. No. 65),

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3. Plaintiff’s Reply in Support of Motion to Compel (Dkt. No. 67),

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all attached declarations and exhibits, and relevant portions of the record, rules as follows:

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IT IS ORDERED that the motion is DENIED.

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It appears to the Court that the parties have failed to meet and confer, which means either

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a face-to-face or a voice-to-voice conference. The meet-and-confer must continue until the

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ORDER ON MOTION TO COMPEL - 1

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parties reach an impasse, and until the moving party can articulate in writing what is requested,

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why it is needed, and why what has been produced in insufficient. The responding party must

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then be able to articulate in writing the basis upon which the request is objected to, why the party

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has a right to withhold the material or the fact that the information is not in the control of the

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responding party.

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The parties here have failed to exhaust the requirement.

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Discovery cannot be sorted out by exchanging character barbs or evaluating discovery

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production on the basis of pages, pounds, or gigabytes. Each request must be calculated to

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support the elements of the case as plead and must take into account the cost of production and

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the ultimate value of the case.
The parties are ordered to actually meet and confer within seven (7) days from the date of

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this order. If, at the conclusion of the meet-and-confer, there are issues which have not and

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cannot be resolved, the parties are ordered to use Local Rule 37 to present their dispute using the

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unified pleading format.

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The clerk is ordered to provide copies of this order to all counsel.

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Dated December 12, 2018.

A

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The Honorable Marsha J. Pechman
United States Senior District Court Judge

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ORDER ON MOTION TO COMPEL - 2