Johnson Health Tech North America, Inc. v. Grow Fitness Group, Inc. et al

Filing 33

ORDER granting 25 Motion to file an amended answer; denying as moot 11 Motion for Judgment on the Pleading. Amended answer due 6/21/2019. Outstanding discovery responses due 6/30/2019. Signed by District Judge William M. Conley on 6/13/2019. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
_________________________________________________________________________________
JOHNSON HEALTH TECH
NORTH AMERICA, INC.
Plaintiff,

ORDER

v.

17-cv-834-wmc

GROW FITNESS GROUP, INC.
a/k/a GROW FITNESS, INC.
and MATTHEW SEABERG,
Defendants.
_________________________________________________________________________________
Today, the court held a telephonic hearing on two pending motions, at which plaintiff
Johnson Health Tech North America appeared by counsel and defendant Matthew Seaberg
appeared pro se. For the reasons provided during the hearing and below, defendant Seaberg’s
motion for leave to file an amended answer (dkt. #25) is GRANTED, although the amended
answer attached to his motion is rejected. Instead, defendant Seaberg has until Friday, June
21, 2019, to file and serve an amended answer, containing good faith responses to each of the
individually numbered paragraphs of plaintiff’s complaint. Defendant Seaberg is also required
to respond to all outstanding written discovery requests in good faith on or before June 30,
2019, and is also directed to hold July 19, 2019, open for a possible deposition at 9:00 a.m.
E.T. in Orlando, FL, at a place to be designated at least two weeks before by plaintiff’s counsel
with notice provided by text to the mobile phone number and email provided by defendant.
In addition, because the significant delays in this case to date are attributed to Seaberg, the
court will require him to strictly follow these deadlines, absent extraordinary good cause shown.
If he fails to file an amended answer, respond to discovery or sit for his deposition, the court

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will enter default against him. As for plaintiff’s motion for judgment on the pleadings against
Seaberg (dkt. #11), that motion is DENIED AS MOOT in light of the court’s order granting
Seaberg leave to file an amended answer. Finally, the court notes that plaintiff has a pending
motion for default judgment against defendant Grow Fitness Group, Inc.

(Dkt. #16.)

Plaintiff’s counsel should contact the clerk’s office if he wishes to proceed with a default
judgment hearing at this time.

Entered this 13th day of June, 2019.
BY THE COURT:
/s/
__________________________________________
WILLIAM M. CONLEY
District Judge

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