Motion to force reproduction of requested documents and payment of expenses.
Static Control Components, Inc. has been granted in part a Motion for Sanctions [sic] Failure to Comply with Court Order against Summix, Inc. in an ongoing dispute between the two companies.
Static had previously filed a claim for breach of warranty of merchantability in a dispute in which “Plaintiff (Static) contend[ed] that Defendant (Summix) was unable to maintain a consistent quality in the products it sold to Plaintiff”. Summix subsequently counterclaimed, alleging that the products were within acceptable specifications and “that Plaintiff has failed to pay for the products”.
A dispute arose regarding Static’s claim that Summix failed to adequately cater to Static’s requests for the production of documents, and Judge Wallace W. Dixon subsequently ordered Summix to “identify with specificity which documents are responsive to which requests”.
The court document lists “the groupings in Defendant’s (Summix) original production correspond only loosely with, and sometimes contradict, the groupings noted in Defendant’s more recent production […] Defendant’s original production contained two stacks which correspond closely to two of Defendant’s groupings in its more recent product, except that the documents responsive to those requests are now noted as being responsive to production request 2 as well”.
Subsequently, Static Control Components, Inc.’s Motion for Sanctions [sic] Failure to Comply with Court Order has been granted in part. Therefore Summix is “ordered to reproduce all submitted documents in groupings responsive to no more than two of Plaintiff’s (Static) document requests on or before December 15, 2011”, “on or before December 15, 2011, Plaintiff shall serve Defendant (Summix) wuth a statement of the reasonable expensives, including attorney’s fees, caused by Defendant’s failure to comply”.
Summix “shall file a memorandum of not more than ten pages showing cause why it and/ or its attorneys should not have to pay any expenses identified by Plaintiff, and, if Defendant contests the reasonableness of any such additional expenses, it shall include within its memorandum a certification that it has attempted to confer in good faith with Plaintiff about that subject”.