United States District Court, D. Connecticut
RULING AND ORDER ON DISCOVERY DISPUTES AND THE
AMENDMENT OF THE PRE-TRIAL SCHEDULE
Victor
A. Bolden, United States District Judge.
On
April 17, 2019, the Court held a telephonic discovery
conference to address several pending discovery disputes in
this trademark infringement action. Minute Entry, dated Apr.
17, 2019, ECF No. 155.
For the
reasons explained below, the Court makes several discovery
rulings but reserves decision on others. In addition, as
discussed below, the Court has determined that it must adopt
a more focused schedule to manage discovery in this case.
I.
FACTUAL AND PROCEDURAL BACKGROUND
Familiarity
with the factual allegations and procedural history of this
trademark infringement action is assumed.
On
February 20, 2019, Hybrid Athletics (“Hybrid” or
“Plaintiff”) and all Defendants jointly moved for
a discovery conference to address six discovery disputes.
Joint Motion, dated Feb. 20, 2019, ECF No. 128.
On
March 14, 2019, the Court granted the parties' joint
motion to amend the scheduling order and extended multiple
pre-trial deadlines. Amended Scheduling Order, dated Mar. 14,
2019, ECF No. 135. Fact discovery was set to close on April
26, 2019, while all discovery was set to close on July 3,
2019. Id.
On
April 3, 2019, the Court granted the parties' February
20, 2019 joint motion and set a telephonic discovery
conference for April 10, 2019. Order, dated Apr. 3, 2019, ECF
No. 143; Notice of E-Filed Calendar, dated Apr. 3, 2019, ECF
No. 144.
That
same day, the Court also scheduled a telephonic motion
hearing on two still-pending motions to quash a subpoena
served by Defendant, Hylete, LLC, on a non-party, CrossFit,
Inc. Those motions to quash, which were separately docketed
as Nos. 3:18-mc-105 and 3:18-mc-106, were directly related to
several of the issues raised by the parties' February 20,
2019 joint motion; the Court therefore scheduled the hearing
so it would immediately follow the telephonic discovery
conference.
On
April 5, 2019, Hylete, Inc. and another defendant, Hylete,
LLC, moved to continue the April 10, 2019 hearing by one
week. Emergency Motion to Continue, dated Apr. 5, 2019, ECF
No. 145.
On
April 8, 2019, the Court granted that continuance and
re-scheduled the telephonic discovery conference for April
17, 2019. Order, dated Apr. 8, 2019, ECF No. 146; Notice of
E-Filed Calendar, dated Apr. 8, 2019, ECF No. 147. The Court
also continued the telephonic motion hearing for the motions
to quash to April 17, 2019. See Notice of E-Filed
Calendar, dated Apr. 8, 2019, No. 3:18-mc-105 (VAB), ECF No.
38.
On
April 15, 2019, the parties filed a new joint motion for a
discovery conference. Joint Motion, dated Apr. 15, 2019, ECF
No. 148. This motion raised an additional six issues for the
Court's consideration.
On
April 17, 2019, the Court held a telephonic discovery
conference. Minute Entry, dated Apr. 17, 2019, ECF No. 155.
The Court declined to address the new issues raised in the
April 15, 2019 joint motion, as well as one issue raised in
both motions for which significant new briefing was provided
in the April 15, 2019 motion.
II.
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