Michael Burtscher, et al. v. Ivan Rene Moore

The opinion of the court was delivered by: The Honorable John E. McDermott, United States Magistrate Judge

CIVIL MINUTES - GENERAL

Present: The Honorable John E. McDermott, United States Magistrate Judge

S. Anthony

Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Proceedings: (IN CHAMBERS) ORDER RE PLAINTIFFS' AND COUNTER-DEFENDANTS' MOTION TO COMPEL DISCOVERY AS TO RUFFTOWN ENTERTAINMENT GROUP, INC. (Docket No. 42) AND PLAINTIFFS' AND COUNTER-DEFENDANTS' MOTION TO COMPEL DISCOVERY AS TO IVAN RENE MOORE (Docket No. 44)

Plaintiffs and Counter-Defendants Michael Burtscher and Coldwater Entertainment Limited present two discovery motions. One seeks to compel Defendant and Counter-Claimant Rufftown Entertainment Group, Inc. to provide full and complete responses to interrogatories and document responses. The other seeks to compel Defendant and Counter-Claimant Ivan Rene Moore to provide full and complete responses to interrogatories and document requests.

According to movants, Defendants have failed to engage in any meaningful meet and confer as required by Local Rule 37-1 and to contribute to the Joint Stipulation under Local Rule 37-2.1. The Court is without any response from Defendants.

Accordingly, the Court issues an Order to Show Cause to Defendants why sanctions should be not be imposed against them. The Court also would like to hear from Plaintiffs as to the nature of the sanctions that should be imposed. The Court tentatively is of the view that evidentiary and monetary sanctions are more appropriate than orders of production.

Defendants shall respond in seven days from the date of this Orderand Plaintiffs five days thereafter.

cc: Parties

Initials of Preparer sa

20120113