Hybrid Athletics, LLC v. Hylete, LLC

          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. ...