Free Order on Motion for Miscellaneous Relief - District Court of California - California

Case 3:07-cv-02277-BTM-RBB

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MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE, INC. 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ) Case No. 07cv02277 BTM CAB ) ) ORDER REGARDING PLAINTIFF'S ) MOTION FOR EXCEPTION TO STAY ) Plaintiff, ) v. ) ) ESSEPLAST (USA) NC, INC., a Delaware corporation, and DOES 1-100, ) ) ) Defendants. ) _________________________________ ) and related counterclaims. ) JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, // //

Case 3:07-cv-02277-BTM-RBB

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Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST ("Plaintiff") has moved this Court at Docket # 35 for an exception to the stay of proceedings in this case for the purposes of limited discovery. The Court, having considered briefing by the parties and oral arguments on August 20, 2008, grants in part and denies in part Plaintiff's motion for exception to the stay as set forth below. 1. All prototype and production molds used in the production of the

accused products within the custody and control of the Defendant(s) are to be preserved.

2.

All design and technical documents for the accused product within the

control and custody of the Defendant(s) are to be preserved.

3.

Plaintiff is granted leave to propound one (1) interrogatory on the

Defendant(s) that asks for the identification of the company names and addresses of nonparty manufacturers, suppliers, and importers who have prototype, production, design, technical documents or evidence regarding the accused products.

4.

Plaintiff is granted leave to file an Amended Complaint adding accused

products within 30 days of this Order. Defendant must respond to said the Amended Complaint within 45 days after the stay is lifted.

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Case No. 07cv02277 BTM CAB

Case 3:07-cv-02277-BTM-RBB

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The Court denies without prejudice Plaintiff's request for leave of court to use appropriate procedural discovery steps to acquire prototype, production, design, technical documents or evidence regarding the accused products from nonparties at this time; any subsequent requests will be reviewed on a case-by-case basis. IT IS SO ORDERED. DATED this 2nd day of September, 2008.

Honorable Barry Ted Moskowitz United State District Judge

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Case No. 07cv02277 BTM CAB