Gardendance, Inc. v. Woodstock Copperworks, Ltd.

230 F.R.D. 438, 63 Fed. R. Serv. 3d 90, 76 U.S.P.Q. 2d (BNA) 1580, 2005 U.S. Dist. LEXIS 37297, 2005 WL 2000660
CourtDistrict Court, M.D. North Carolina
DecidedAugust 18, 2005
DocketNo. 1:04CV00010
StatusPublished
Cited by16 cases

This text of 230 F.R.D. 438 (Gardendance, Inc. v. Woodstock Copperworks, Ltd.) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gardendance, Inc. v. Woodstock Copperworks, Ltd., 230 F.R.D. 438, 63 Fed. R. Serv. 3d 90, 76 U.S.P.Q. 2d (BNA) 1580, 2005 U.S. Dist. LEXIS 37297, 2005 WL 2000660 (M.D.N.C. 2005).

Opinion

MEMORANDUM OPINION

OSTEEN, District Judge.

This matter is before the court on the Order & Recommendation of United States Magistrate Judge filed on July 11, 2005. The Magistrate Judge has recommended that [441]*441various motions for dismissal, sanctions, and civil contempt be granted, and that the court dismiss Plaintiffs claims as a sanction. For the reasons set forth below, the court will affirm the orders and accept the recommendations of the Magistrate Judge.

I. BACKGROUND

A detailed procedural history of this case is necessary to understand the court’s analysis.

A. An overview of the litigation

In January 2004, Plaintiff Gardendance, Inc. (“Gardendance”) filed a complaint against Defendants Woodstock Copperworks, Ltd. (“Woodstock”) and The Royal Gardens of Charlotte Inc. (“Royal Gardens”) for allegedly infringing Gardendance’s copyright on a copper tiki torch design. Plaintiff asserted claims of copyright infringement, trade dress infringement, and unfair competition, and sought $3 million in actual damages, $9 million in punitive damages, and attorney’s fees and other costs.

When Woodstock answered the complaint, it also asserted counterclaims of patent infringement, tortious interference with contract, and unfair trade practices against Gardendance, its principal shareholders and officers Mark Donley and Lisa Jordy, and its lead counsel Joel Joseph (collectively, “Counterclaim Defendants” or the “Garden-dance Parties”). In its counterclaims, Woodstock seeks actual damages, punitive damages, treble damages, attorney’s fees, and various declaratory and injunctive relief.

In November 2004, the parties filed a discovery plan that required all discovery to be completed by March 24, 2005. They agreed to attempt mediation with Curtis Emery Yon Kann of Washington, D.C., as their mediator. They also agreed that the following parties would be deposed: Mark Donley, Lisa Jordy, Joel Joseph, and Keith “Walgamuth.”1 The deadline for amending pleadings or joining additional parties was to be December 24, 2004, with any later-filed amendments allowed only at the court’s discretion. A trial date was later set for October 2005.

B. The Amended Complaint and the Motions to Dismiss

On December 27, 2004, three days after the deadline set in the discovery plan, Gar-dendance moved to join Todd Wolgamuth as a party defendant and file an amended complaint. The events on which the amendments were based took place in July 2004, but Plaintiff does not indicate when it learned of these actions. (Pl.’s Mot. Leave Join Todd Wolgamuth as Party Def. at 1.) Defendant did not respond to this motion until February 25, when it filed its late brief contending that it had not received a service copy and did not learn of the filing until it cheeked the docket on its own on February 17.

In considering Gardendance’s motion, this court found the original deadline of December 24 to be a holiday, and the December 27 filing to be timely as it was filed on the next day the court was open for business. (Order of Mar. 29, 2005 at 3.) Despite the difficulties with service of process, Gardendance’s motion was allowed but the proposed amendment was not allowed. Plaintiff was given “twenty (20) days from the entry of this order to file a new amendment.” (Id. at 4.) The time was intended to allow Plaintiff to research the amendment, verify that it was appropriate, and then file an amended complaint. The court also allowed Defendant’s response.

Gardendance did not file the Amended Complaint until April 19, 2005, 21 days after this court’s order was entered and one day late. Defendants Todd Wolgamuth and Woodstock subsequently filed Motions to Dismiss, based first and foremost on the argument that the Amended Complaint was untimely filed. Wolgamuth also argues that service was not perfected on him because he was not served with a summons and complaint.2

No response to the motions to dismiss came from Plaintiff Gardendance until June 16, when it requested a two-week extension of time to respond. This motion came 10 days after a response was due and asked for [442]*442an extension of the deadline to June 23. As grounds for this request, Gardendanee contended that lead counsel Mr. Joseph was never served with the Motions to Dismiss, that he had “been involved in multiple litiga-tions requiring extensive travel and extensive time commitments,” and that additional counsel had very recently been brought into the ease to assist.3 (Mot. Two-Week Extension Reply Both Woodstock Copperworks’ & Todd Wolgamuth’s Mots. Dismiss at 3.)

Despite asking for an extension of time to June 23, Gardendance’s responses to the motions to dismiss were not filed until June 30. United States Magistrate Judge Wallace W. Dixon subsequently denied Gardendance’s motion for an extension of time because the request was untimely made. (Order & Recommendation U.S. Magistrate Judge of July 11, 2005 at 5.) Finding that Woodstock and Wolgamuth’s motions to dismiss were unopposed and also that the Amended Complaint was, in fact, untimely filed, Magistrate Judge Dixon also recommended that the motions to dismiss be granted. (Id. at 6.) This recommendation remains pending before the court.

C. Woodstock’s Motion to Compel

On February 11, 2005, Woodstock filed a Motion to Compel Discovery Responses From Gardendanee, Inc., Mark Donley, Lisa Jordy, and Joel D. Joseph and for Sanctions, asserting that their responses to interrogatories and responses to requests for production of documents (due December 8, 2004) were late. Woodstock represented that it had conferred with lead counsel Mr. Joseph in late December and had agreed to postpone the filing of a motion to compel until January 10. On January 10, Woodstock received some responses from Mr. Joseph by email, but claimed they were incomplete, unresponsive, and unverified. After a few more weeks of discussions between Woodstock’s counsel and Mr. Joseph, the issue remained unresolved and Woodstock filed its motion to compel.

Gardendanee did not respond to the motion, but on March 2, Mr. Joseph filed a motion for a protective order on behalf of himself, Donley, and Jordy,4 seeking to block Woodstock’s request for their income tax records and financial statements, the information that was the subject of the interrogatories and document requests that were due to Woodstock in December 2004, and was the subject of the pending motion to compel. On that day, Mr. Joseph also filed a motion to dismiss the counterclaims against himself, Donley, and Jordy and asked leave of the court to amend Gardendance’s complaint to add a claim under the Lanham Act.5

Magistrate Judge Dixon granted Woodstock’s Motion to Compel and ordered Joseph, Donley, and Jordy to respond to the requests by March 25, 2005. (Order of Mar. 8, 2005 at 2-3.) Magistrate Judge Dixon found that no objection to Woodstock’s requests were made within the 30-day time limit, nor had any responses been properly served, and he held that the Gardendanee Parties’ failure to timely object constituted a waiver of any objections. Magistrate Judge Dixon also allowed Woodstock to recover its fees and expenses as sanctions for the discovery violations.

On March 21, the Gardendanee Parties filed two additional motions.

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Bluebook (online)
230 F.R.D. 438, 63 Fed. R. Serv. 3d 90, 76 U.S.P.Q. 2d (BNA) 1580, 2005 U.S. Dist. LEXIS 37297, 2005 WL 2000660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardendance-inc-v-woodstock-copperworks-ltd-ncmd-2005.