Morisky v. MMAS Research LLC et al

Filing 246

ORDER Directing Plaintiff to Provide Additional Discovery Material. The Court directs Plaintiff to review the evidence that has been obtained in this case. Plaintiff is ordered to provide a detailed list of items Plaintiff asserts Defendants have fai led to produce and Plaintiff has been unable to obtain through other sources. The list should also include discovery requests that Defendants have failed to respond or responded to improperly. Plaintiff should provide this list to the Court on or before 7/15/2024. The Clerk is directed to re-note the Motion (Dkt. 233 ) to 7/15/2024. Signed by Judge David W. Christel. (SB)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 11 12 13 DONALD E. MORISKY, v. Plaintiff, MMAS RESEARCH LLC, et al., CASE NO. 2:21-CV-1301-RSM-DWC ORDER DIRECTING PLAINTIFF TO PROVIDE ADDITIONAL DISCOVERY INFORMATION Defendants. 14 15 Currently before the Court is Plaintiff Donald E. Morisky’s Renewed Motion for 16 Sanctions. Dkt. 233. After consideration of the relevant record, the Court finds Plaintiff has not 17 been provided with all the necessary discovery to litigate this case. For example, evidence shows 18 Defendant Steven Trubow destroyed a laptop that contained 200 licensee and settlement 19 agreements relevant to this case. There is no evidence Plaintiff has been able to obtain all 200 or 20 more agreements. Additionally, it does not appear Trubow has produced all financial records and 21 bank records to Plaintiff. 22 23 The Court also recognizes that Plaintiff’s counsel may have not reviewed documents produced by Defendants in November of 2023. See Dkt. 243, Austin Dec. Further, after filing the 24 ORDER DIRECTING PLAINTIFF TO PROVIDE ADDITIONAL DISCOVERY INFORMATION - 1 1 Motion, Plaintiff’s counsel, F. Christopher Austin, received a renewed link to a Dropbox that 2 may contain relevant documents. See Dkt. 240, Gross Dec.; Dkt. 243, Austin Dec. The 3 documents produced in November of 2023 and again in May of 2024 may contain records that 4 Plaintiff believes have not been produced. 5 Accordingly, the Court directs Plaintiff to review the evidence that has been obtained in 6 this case. Plaintiff is ordered to provide a detailed list of items Plaintiff asserts Defendants have 7 failed to produce and Plaintiff has been unable to obtain through other sources. The list should 8 also include discovery requests that Defendants have failed to respond or responded to 9 improperly. 10 Plaintiff should provide this list to the Court on or before July 15, 2024. 11 The Clerk is directed to re-note the Motion (Dkt. 233) to July 15, 2024. 12 Dated this 3rd day of July, 2024. 13 A 14 David W. Christel United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 ORDER DIRECTING PLAINTIFF TO PROVIDE ADDITIONAL DISCOVERY INFORMATION - 2

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