Motion No. 1:
Defendants’ (Felt Bicycles, Felt Racing, LLC, and Performance Bicycle) Motion to Compel Plaintiff’s Initial Responses to Form Interrogatories-General (Set One) (filed on 5-31-18) is MOOT.
Defendants served the requested discovery on Plaintiff, through Plaintiff’s attorney, on 2-21-18. (Horwitz Decl., ¶ 2 and Exhibit 1.) The parties agreed to extend the deadline for a response to 5-22-18. (Horwitz Decl., ¶ 3 and Exhibit 2.) The declaration from Plaintiff’s attorney (file on 7-24-18) indicates he “. . . placed the discovery responses for the aforementioned propounded discovery on the desk of my assistant to be formatted and served.” (Chambers Decl., ¶ 9.)
Plaintiff’s attorney believed the service of the discovery responses occurred in May of 2018. (Chambers Decl., ¶ 11.) The declaration states, “If the Defendants were not served with Discovery Responses, then it was through mistake, inadvertence and/or surprise. Plaintiff will serve discovery responses by July 27, 2018.” (C