Free Motion to Compel - District Court of Connecticut - Connecticut

i Case 3: 3-cv-00958-|\/IRK Document 23 Filed 12/18/2003 Page 1 of 3 I
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UNITED STATES DISTRICT COURT I
DISTRICT OF CONNECTICUT
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CONAIR CO ‘ORATION, :
: Civil Action N0. 303 CV 0958 (MRK)
laintiff :
EURASIA CO CEPTS, INC. :
d.b.a. BIO ION C, INC., ; T [gift
D Ifendant. : '* I
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PLAINTIFF’S MOTION FOR AN ORDER fm I
COMPELLING DISCOVERY Yi I
AND ORDER THEREON `
Plaintiff Conair Corporation (hereinafter "Conair") moves the Court for an order I
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compelling Def ndant Eurasia Concepts, Inc. ("Eurasia") to produce complete responses to
Plaintiffs First lequest for Production of Documents and Things and Plaintiffs First Set of
Interrogatories Io. 9, 12, and 17. In support of its motion, Plaintiff states as follows:
1. The parties have engaged in settlement discussions. As a part of the settlement
discussions, it as agreed that the parties must exchange certain information relating to costs,
sales, prior art c aims and ingredients before serious settlement discussions could ensue.
2. Plain iff served its First Request for Production of Documents and Things and I
Plaintiffs First let of Interrogatories on Defendant on August 6, 2003. After moving for an
extension of tim: to answer and then further delaying the production of responses to the
Plaintiffs disco ery requests, Defendant finally served its answers to the outstanding discovery.
3. Defe dant failed to produce any documents responsive to the document requests and
provided incom lete answers to Interrogatory Nos. 9, 12, and 17 which sought information
concerning sale , costs, prior art and ingredient lists.
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. ` R Case 3: 3-cv-00958-|\/IRK Document 23 Filed 12/18/2003 Page 2 of 3
4. After many discussions with counsel for Defendant regarding the incomplete l
responses, Defe 1dant produced sixty documents which were not responsive to the issues of costs,
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sales, costs, pri r art and ingredient lists. a
5. Ther after, Defendant produced supplemental answers to Interrogatory Nos. 9, 12 and
17 which were i 1complete. i
6. Plain iff has repeatedly requested that Defendant produce complete responses to the
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outstanding disc very requests, however, Defendant continues to suppress relevant evidence in
this case. E
7. Pursuant to the Protective Order entered into by the parties, Exhibit A annexed to the
Memorandum o 7Law is marked “Confidentia1”. |
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8. Plain iff hereby moves the Court for an order compelling Defendant to completely i
respond to Plain ziff s First Request for Production of Documents and Things and Interrogatory
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Nos. 9, 12, and 7.
9. This notion is being made for good cause and not for purposes of delay.
Dated: Decemb r 15, 2003 Respectfully submitted,
Anthony H. Handal (Ct Fed. # 03837) I
Kirkpatrick & Lockhart, LLP i
599 Lexington Avenue \
New York, New York 10022 .
212-536-3900 ph
212-536-3901 fax
Attorneys for Plaintiff
IT IS SO ORDERED: I
Dated:
U.S.D.J. K
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. ' A Case 3: 3-cv—00958-|\/IRK Document 23 Filed 12/18/2003 Page 3 of 3 `
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CERTIFICATE OF SERVICE x
I, Cathcrne R. Keenan, an associate with Kirkpatrick & Lockhart, LLP, counsel for Plaintiff X
Conair Corporati an, hereby certify that a copy ofthe foregoing Plaintiffs Motion for an Order J
Compelling Disc very and Order Thereon and supporting Memorandum of Law was served today, I
December 15, 20 J3, upon all parties by placing a copy of same in first class mail, postage prepaid,
addressed as foll ws: R
Brian T. Foley, E sq.
McGovern & As ociates g
One Lafayette Pl ce
Greenwich, CT 0 $830 i
Dated: Decembe 15, 2003 l
Catherine R. eenan
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