SC121630

ITD v. YORKTOWN



Plaintiff’s Motions to Compel Further Responses are DENIED IN PART and GRANTED IN PART. All discovery compelled is ordered to be produced within 20 days.

In accordance with the Court’s 3/16/18 order, Plaintiff served Reick with special interrogatories and RFPs and Yorktown with RFPs on 3/20/18. The briefing on all three sets of discovery are the same.



ANALYSIS: Defendants’ arguments regarding the Court’s jurisdiction to hear the exemplary damages phase of the trial are improperly raised on these discovery motions. Any objections to these issues must be raised on appeal or on a motion for new trial. These arguments have been raised before the Court multiple times, including the right to a jury trial on the issue of exemplary damages under CC §3426.3. The Court has already addressed and overruled these objections numerous times and will not address them again. To the extent they are raised as objections to the discovery, the Court overrules them.

Plainti