Matrix Motor Co. v. Toyota Jidosha Kabushiki Kaisha

218 F.R.D. 667, 2003 WL 22463338
CourtDistrict Court, C.D. California
DecidedApril 25, 2003
DocketNo. CV 02-03447 MMM(JTLx)
StatusPublished
Cited by22 cases

This text of 218 F.R.D. 667 (Matrix Motor Co. v. Toyota Jidosha Kabushiki Kaisha) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matrix Motor Co. v. Toyota Jidosha Kabushiki Kaisha, 218 F.R.D. 667, 2003 WL 22463338 (C.D. Cal. 2003).

Opinion

ORDER DENYING PLAINTIFF’S MOTION TO CONTINUE TRIAL DATE, DISCOVERY CUT-OFF DATE AND RELATED DATES

MORROW, District Judge.

Plaintiff Matrix Motor Co. (“Matrix”) filed suit against Toyota Jidosha Kabushiki Kaisha Va Toyota Motor Corp., Toyota Motor Sales, U.S.A., Inc., and Toyota Motor North America, Inc. (collectively “Toyota”) on April 26, 2002, alleging false designation of origin, unfair competition, trademark infringement under California law, and common law trademark infringement. On December 18, 2002, Matrix’s attorney filed a motion to withdraw as the company’s counsel. The motion was denied as moot on January 22, 2003, when Matrix filed a substitution of attorneys form. On March 13, 2003, the court held a telephone status conference, shortly in advance of the April 4, 2003, fact discovery cut-off date set by the court at the scheduling conference. Matrix’s new attorney stated that he was in poor health, and had agreed to [669]*669substitute into the ease only temporarily until Matrix could identify an attorney willing to act as permanent trial counsel. A second lawyer, also on the call, represented that he was prepared to substitute into the case as. Matrix’s attorney, but only if the discovery cut-off and trial dates were continued for ninety days so that he could conduct necessary discovery. The court declined to extend the case management dates on the basis of plaintiffs oral motion, and directed that it file an appropriate motion to modify the scheduling order if it wished a continuance. The instant motion was filed on March 21, 2003.

I. FACTUAL BACKGROUND

Some time prior to April 2002, Matrix’s CEO, Louis Beuzieron, approached Irwin M. Friedman, an attorney who periodically represented the company, to discuss the possibility of filing a trademark lawsuit against Toyota. Friedman purportedly told Beuzieron that he was not in a position to file the suit, at least in part because of his health, and referred Beuzieron to the law firm of Buchalter, Nemer, Fields <£ Younger.1 Friedman did, however, send a cease and desist letter to Toyota on September 17, 2001, demanding that it abandon its planned use of “Matrix” on automobiles and motor car products.2 Friedman also appears to have responded to Toyota’s counsel on October 23, 2001, requesting that he accept service of process on his clients’ behalf.3 Matrix hired the Buchalter firm in April 2002,4 and it filed suit on Matrix’s behalf on April 26, 2002. The complaint alleged claims for false designation of origin, unfair competition, trademark infringement under California law and common law trademark infringement. On June 24, 2002, the Buchalter firm sent a settlement demand to Toyota. Friedman received a copy of this letter.5

On September 23, 2002, the court held a Rule 26(f) scheduling conference, and set case management dates. The court directed that plaintiff designate its experts on or before February 4, 2003; that defendant designate its experts by March 4, 2003; that fact discovery be completed by April 4, 2003; that rebuttal expert designations occur no later than April 15, 2003; and the expert discovery be completed on or before May 2, 2003. The court also set a motion hearing cut-off date of May 5, 2003, a pretrial conference date of June 2, 2003 and a trial date of June 24, 2003.

Beuzieron asserts the Buchalter firm never notified him of the discovery or expert deadlines, and did not advise him of the necessity of retaining experts in the case.6 He contends he had very few conversations with the Buchalter attorney assigned to the case, Mitchell N. Reims, and that asked Reims on several occasions between August and November 2002 whether he had conducted discovery and requested documents regarding Toyota’s use of the Matrix name and mark.7 Reims purportedly told Beuzieron the work was “in progress.”8 Beuzieron asserts he made several requests to have Reims or a member of his team visit the Matrix factory, [670]*670to no avail.9 He also maintains he gave all relevant documents and files to the Buchalter firm as early as November 2002.10 Beuzieron purportedly tried to get information regarding the status of the case and how he could assist in advancing it, but was “kept in the dark.”11 When asked to clarify this statement at his deposition, Beuzieron said he called Reinis on three, four or five occasions to ask “where we stand and when are we going to serve papers [on Toyota] to produce documents.” He was told “it’s in the works.” Beuzieron did not recall the dates of these conversations.12

Margaret A. Esquenet, Toyota’s counsel, asserts that plaintiffs responses to Toyota’s first set of interrogatories and first set of requests, for document production were initially due on November 6, 2002.13 Reims’ secretary purportedly asked for a thirty day extension to respond on November 4, 2002, and Esquenet sent a letter agreeing to extend the deadline to November 20, 2002.14 While no documents, responses or objections were received by that date, responses to the interrogatories arrived on November 26, 2002.15 In a letter dated November 22, 2002, Reinis asserted that answers to the interrogatories had been furnished, as well as “numerous of our client’s documents.”16

Toyota ultimately filed a motion to compel responses to its document production requests, which Magistrate Judge Lum took off calendar on December 12, 2002, for failure to comply with the local rules. Toyota filed a new motion to compel on December 30, 2002, which was granted on January 22, 2003. In her order, Judge Lum noted that the requested document discovery had been due on November 20, 2002, and that a formal response had not yet been provided. She directed that the requested discovery be provided to defendants within thirty days.

On December 18, 2002, Reinis filed a motion on the Buchalter firm’s behalf seeking leave to withdraw as Matrix’s counsel. Rein-is’ declaration in support of the motion asserted that his communications with Matrix had completely broken down. He stated that he last spoke with Beuzieron on October 8, 2002, and that his multiple attempts to reach Beuzieron by telephone had been ignored. He further noted that Buchalter’s outstanding fees had not been paid.17 Beuzieron asserts he contacted Friedman after receiving the motion, and Friedman agreed to substitute into the case temporarily until Matrix could locate new counsel.18 Matrix lodged a substitution of attorneys form on January 21, 2003, substituting Friedman as its counsel. Matrix signed the form on December 20, 2002, and Reinis on January 20, 2003. Friedman’s signature is not dated, but he may have signed some time in December 2002. After receiving the substitution form, the court approved Friedman’s entry into the case, and denied Reinis’ motion to withdraw as moot.

Upon receiving the ease file from the Buchalter firm, Friedman states he was “shocked to discover just how little had been done.” Specifically, he found that: (1) there was no research in the file; (2) there was no [671]

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218 F.R.D. 667, 2003 WL 22463338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matrix-motor-co-v-toyota-jidosha-kabushiki-kaisha-cacd-2003.