Newmark Realty Capital, Inc. v. BGC Partners, Inc., 16-cv-01702-BLF (SVK). (2018)
Court: District Court, N.D. California
Number: infdco20180503f27
Visitors: 6
Filed: May 02, 2018
Latest Update: May 02, 2018
Summary: FURTHER ORDER REGARDING DEFENDANTS' MOTION TO COMPEL RESPONSES TO DEFENDANTS' FIRST SET OF REQUESTS FOR ADMISSIONS Re: Dkt. No. 313 SUSAN VAN KEULEN , Magistrate Judge . On April 30, 2018, the Court issued an order requiring Plaintiff to provide promised supplemental responses to certain of Defendants' requests for admissions ("RFAs") by 9:00 a.m. on May 2, 2018, and requesting that the parties notify the Court if disputes concerning those supplemental responses required a hearing. ECF 324
Summary: FURTHER ORDER REGARDING DEFENDANTS' MOTION TO COMPEL RESPONSES TO DEFENDANTS' FIRST SET OF REQUESTS FOR ADMISSIONS Re: Dkt. No. 313 SUSAN VAN KEULEN , Magistrate Judge . On April 30, 2018, the Court issued an order requiring Plaintiff to provide promised supplemental responses to certain of Defendants' requests for admissions ("RFAs") by 9:00 a.m. on May 2, 2018, and requesting that the parties notify the Court if disputes concerning those supplemental responses required a hearing. ECF 324...
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FURTHER ORDER REGARDING DEFENDANTS' MOTION TO COMPEL RESPONSES TO DEFENDANTS' FIRST SET OF REQUESTS FOR ADMISSIONS
Re: Dkt. No. 313
SUSAN VAN KEULEN, Magistrate Judge.
On April 30, 2018, the Court issued an order requiring Plaintiff to provide promised supplemental responses to certain of Defendants' requests for admissions ("RFAs") by 9:00 a.m. on May 2, 2018, and requesting that the parties notify the Court if disputes concerning those supplemental responses required a hearing. ECF 324. After receiving Plaintiff's Second Supplemental Responses, Defendants requested a hearing, and the Court held a telephonic hearing on the afternoon of May 2, 2018.
After considering the parties' arguments as well as the legal standards as discussed in the Court's April 30 order, the Court ORDERS that Plaintiff must supplement its RFA responses as described below by 5:00 p.m. on May 3, 2018:
RFA No. Order
Admissions or denials "subject to" Plaintiff may include a general objection
objections in the preamble of its supplemental
responses that its supplemental responses
are subject to and without waiver of
Plaintiff's objections, identifying the
specific document where those
objections can be found. Plaintiff must
strike similar language from the answers
to individual RFAs.
81 Plaintiff must revise its response to admit
Admit that NRC has no evidence that it the matter as to the time period prior to
has lost any clients due to January 1, 2016 and deny as to January
DEFENDANTS' use of the name 1, 2016 to present.
Newmark & Company Real Estate.
82 Plaintiff must revise its response to admit
Admit that NRC has no evidence that it the matter as to the time period prior to
has lost any lending opportunities due to January 1, 2016 and deny as to January
DEFENDANTS' use of the name 1, 2016 to present.
Newmark & Company Real Estate.
83 Plaintiff must revise its response to admit
Admit that NRC has no evidence that it the matter as to the time period prior to
has lost any sales revenue due to January 1, 2016 and deny as to January
DEFENDANTS' use of the name 1, 2016 to present.
Newmark & Company Real Estate.
84 Plaintiff must revise its response to admit
Admit that NRC has no evidence that it the matter as to the time period prior to
has lost any profits due to January 1, 2016 and deny as to January
DEFENDANTS' use of the name 1, 2016 to present.
Newmark & Company Real Estate.
85 Plaintiff must revise its response to admit
Admit that NRC has no evidence of any the matter as to the time period prior to
monetary damages attributable to January 1, 2016 and deny as to January
DEFENDANTS" use of the name 1, 2016 to present.
Newmark & Company Real Estate.
86 Plaintiff must revise its response to admit
Admit that NRC has no evidence that it the matter as to "Newmark Knight
has lost any clients due to Frank," including the quotation marks,
DEFENDANTS' use of the name and strike the remainder of the response.
Newmark Knight Frank.
87 Plaintiff must revise its response to admit
Admit that NRC has no evidence that it the matter as to "Newmark Knight
has lost any lending opportunities due to Frank," including the quotation marks,
DEFENDANTS' use of the name and strike the remainder of the response.
Newmark Knight Frank.
88 Plaintiff must revise its response to admit
Admit that NRC has no evidence that it the matter as to "Newmark Knight
has lost any sales revenue due to Frank," including the quotation marks,
DEFENDANTS' use of the name and strike the remainder of the response.
Newmark Knight Frank.
89 Plaintiff must revise its response to admit
Admit that NRC has no evidence that it the matter as to "Newmark Knight
has lost any profits due to Frank," including the quotation marks,
DEFENDANTS' use of the name and strike the remainder of the response.
Newmark Knight Frank.
112 Plaintiff must revise its response to insert
Admit that, since September 2017, no a period after "Los Angeles" and strike
client or prospective client has contacted the remainder of the response.
NRC about the sexual-harassment lawsuit
filed against N&CO. in Los Angeles.
113 Defendants ordered to withdraw RFA
Admit that, since October 2017, no client No. 113 as subsumed within RFA No.
or prospective client has contacted NRC 112; no further response required.
about the sexual-harassment lawsuit filed
against N&CO. in Los Angeles and
expressed the belief that N&CO. and
NRC are the same company.
138 Plaintiff must revise its response to insert
Admit that NRC has no evidence that a period after "Plaintiff's trademark" and
DEFENDANTS have obtained any new strike the remainder of the response.
lending opportunities due to confusion
regarding NRC's trademark.
144 Plaintiff must revise its response to insert
Admit that NRC is unaware of any person a period after "Defendants' website" and
who has visited its website and believed strike the remainder of the response.
that he or she was visiting
DEFENDANTS' website.
145 Plaintiff must revise its response to insert
Admit that NRC is unaware of any person a period after "Plaintiff's website" and
who has visited one of DEFENDANTS' strike the remainder of the response.
websites and believed that he or she was
visiting NRC's website.
146 Plaintiff must revise its response to insert
Admit that NRC has no evidence that its a period after "any such evidence" and
customers or potential customers have strike the remainder of the response.
signed any agreements to work with
N&CO., believing that N&CO. is
affiliated with or sponsored by NRC.
147 Plaintiff must revise its response to insert
Admit that NRC has no evidence that its a period after "any such evidence" and
customers or potential customers have strike the remainder of the response.
signed any agreements to work with NRC,
believing that NRC are affiliated with or
sponsored by one of the
DEFENDANTS.
153 Plaintiff must revise its response to insert
Admit that NRC has no evidence that one a period after "any such evidence" and
of its customers or potential customers strike the remainder of the response.
began a financial transaction with
N&CO., believing that N&CO. was
affiliated with or sponsored by
NRC.
SO ORDERED.
Source: Leagle
