CEMCO LLC v. KPSI Innovations Inc et al

Filing 99

MINUTE ORDER: The Court DENIES both Plaintiff CEMCO LLC's motion to compel and the parties' stipulated motion to amend the scheduling order (Dkt. ## 84 , 97 ) as moot. A new scheduling order will follow, setting forth a 12/3/2024 trial d ate. Defendants are ORDERED to produce all responsive documents and supplement their interrogatory responses by 6/14/2024. Defendants' failure to do so will result in severe sanctions, which may include monetary sanctions, adverse inference instructions, and case-dispositive sanctions against Defendants and/or their counsel. Authorized by Judge James L. Robart. (SS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CEMCO, LLC,

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v.

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Plaintiff,

MINUTE ORDER

KPSI INNOVATIONS, INC., et al.,

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Defendants.

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CASE NO. 23-0918JLR

The following minute order is made by the direction of the court, the Honorable
James L. Robart:

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During the June 4, 2024 hearing, the court discussed Plaintiff CEMCO LLC’s

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(“CEMCO”) motion to compel (MTC (Dkt. # 84)) and the parties’ stipulated motion to

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amend the scheduling order (Stip. Mot. (Dkt. # 97)). In light of assurances from counsel

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for Defendants KPSI Innovations, Inc. (“KPSI”), Serina Klein, James A. Klein, and

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Kevin Klein (collectively, “Defendants”), the court DENIES both motions (Dkt. ## 84,

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MINUTE ORDER - 1

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97) as moot. A new scheduling order will follow, setting forth a December 3, 2024 trial

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date.

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Defendants are ORDERED to produce all responsive documents and supplement

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their interrogatory responses by June 14, 2024. Defendants’ failure to do so will result in

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severe sanctions, which may include monetary sanctions, adverse inference instructions,

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and case-dispositive sanctions against Defendants and/or their counsel. To be clear:

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Defendants are to produce every single email and text message James Klein and any other

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Defendant have sent to any of KPSI’s actual or potential customers. Defendants and their

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counsel risk inviting the ire of the court if CEMCO identifies even a single email or text

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message through third-party discovery that Defendants sent to one of KPSI’s customers

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and failed to produce. The court also notes that Defendants’ present interrogatory

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responses are extraordinarily deficient. Boilerplate objections and dodgy answers will not

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suffice; CEMCO is entitled to good faith responses to its interrogatories, including, but

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not limited to, the identities of KPSI’s customers, information about each project for

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which KPSI has supplied products, the truth about the extent of James Klein’s role at

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KPSI (including his pay as a consultant, the work he performs, the customers he interacts

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with, and all customer sites to which he has traveled), the quantity of intumescent tape

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KPSI has sold, and the quantity, components, and location of inventory KPSI received

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from Seal4Safti, Inc.

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MINUTE ORDER - 2

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CEMCO, Defendants, and all counsel of record are hereby warned that failure to

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comply with the Federal Rules of Civil Procedure, this District’s local rules, or any court

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order will result in sanctions.

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Filed and entered this 4th day of June, 2024.

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RAVI SUBRAMANIAN
Clerk of Court

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s/ Ashleigh Drecktrah
Deputy Clerk

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MINUTE ORDER - 3