Deckers Outdoor Corporation v. Wholesale In Motion Group, Inc.

Background

Deckers Outdoor Corporation moved to compel discovery responses from Wholesale In Motion Group and sought a default judgment as a sanction. The dispute is part of a trademark and patent action. Wholesale opposed both motions.

The court criticized Wholesale’s discovery responses as relying largely on boilerplate objections—such as claims that requests were vague, overly broad, or unduly burdensome—and on copy-and-paste responses that did not clearly identify the documents relevant to each request.

Discovery Ruling

The court granted Deckers’s motion to compel responses to Requests 9, 28, and 39. Those requests concern documents about reviewing or evaluating the design of Deckers’s patents, documents referring to the products at issue and the UGG brand, and Wholesale’s document-retention policies.

The court also granted the motion to compel responses to Requests 2–8, 10–14, and 21–27. Those requests seek documents related to the production, design, and sale of the products at issue. The court overruled Wholesale’s generalized objections and found that the responses did not clearly answer the requests or identify which documents related to which requests.

For Request 17, which seeks consumer complaints about the products and as to which Wholesale asserted privilege, the court required Wholesale to produce a privilege log. A privilege log is a written description of material withheld because of attorney-client privilege or another protection. For Request 33, concerning advice from counsel about the products, Wholesale must either provide a privilege log or confirm that it will not rely on advice of counsel as a defense.

Wholesale must provide the required discovery responses and privilege log or logs to Deckers by March 19, 2024.

Sanctions and Fees

The court did not find terminating sanctions—sanctions that would end the case or claim—merited at that time. It stated that the required responses might allow the litigation to proceed on the merits.

The court authorized Deckers to apply for attorneys’ fees and costs under Federal Rule of Civil Procedure 37 for the motion to compel. Deckers’s application, supported by an affidavit or declaration stating the fees and costs reasonably incurred, was due March 26, 2024. Any response from Wholesale was due April 2, 2024. The court also directed counsel to confer beforehand about the appropriate amount.

Case Management and Disposition

Because Wholesale’s noncompliance had limited progress in fact discovery, the court ordered the parties to confer and submit a revised case-management plan by March 26, 2024. The revised plan could set a fact-discovery deadline no more than two months after the deadline in the existing plan. The court directed the Clerk of Court to terminate all pending motions.