`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF OHIO
`WESTERN DIVISION
`
`SAUDER MANUFACTURING CO.
`
`CASE NO.: 3:14-cv-00962-JZ
`
`Plaintiff,
`
`JUDGE JACK ZOUHARY
`
`v.
`
`J SQUARED, INC. d/b/a
`UNIVERSITY LOFT COMPANY
`
`Defendant.
`
`MOTION FOR EXTENSION OF
`TIME TO PRODUCE RESPONSIVE
`DOCUMENTS
`
`Pursuant to Rule 6(b)(1)(A) of the Federal Rules of Civil Procedure, J Squared, Inc.
`
`(d/b/a University Loft Company and referred to herein as “J Squared”), moves this Court for an
`
`extension of
`
`time to produce documents responsive to Plaintiff Sauder Manufacturing
`
`Company’s (“Plaintiff or “Sauder”) Requests for Production of Documents. J Squared will be
`
`serving, on the date of this filing, its Objections and Responses to the Requests for Production,
`
`along with its Objections and Responses to Sauder’s First Set of Requests for Admissions and
`
`Sauder’s First Set of Interrogatories. Additional time is needed, however, for J Squared to
`
`produce documents responsive to Sauder’s Requests for Production. Further, as explained
`
`below, J Squared anticipates filing a motion to stay this action within the next 30 days, which, if
`
`granted, would eliminate the need for J Squared to produce responsive documents.
`
`J Squared and Sauder previously agreed to a 21-day extension of time for J Squared to
`
`provide its responses to all of Sauder’s discovery requests. During that time period, J Squared
`
`attempted to settle this case and extended a settlement offer to Sauder. Sauder rejected J
`
`Squared’s settlement offer and declined to make a counteroffer. Accordingly, settlement
`
`73061170.1
`
`Sauder Manufacturing Co., Ex. 2001 p. 1
`
`
`
`Case: 3:14-cv-00962-JZ Doc #: 25 Filed: 09/08/14 2 of 4. PageID #: 262
`
`discussions have now ceased. Sauder also declined to extend any additional extensions of time
`
`for J Squared to serve its discovery responses. Accordingly, as referenced above, J Squared is
`
`responding to Sauder’s discovery requests, other than producing documents.
`
`As a result of the cessation of settlement discussions, and as previously raised at the
`
`status conference in June, J Squared now intends to file, within the next thirty days, a petition for
`
`an inter partes review (the “IPR Petition”) of the patents at issue in this suit with United States
`
`Patent and Trademark Office, and J Squared also intends to file with this Court a motion to stay
`
`this action.
`
`In the event this Court grants J Squared’s forthcoming motion to stay, the need to
`
`produce responsive documents to Sauder will be obviated.
`
`In the event the Court denies J
`
`Squared’s motion to stay this action, J Squared reasonably needs 10 days from the date of denial
`
`to produce documents responsive to Sauder’s Requests for Production of Documents.
`
`In the
`
`event J Squared does not file an IPR Petition and motion to stay within the next 30 days, J
`
`Squared would produce responsive documents at that time (i.e., on October 8, 2014). This
`
`Motion is not made for the purpose of delay, and the granting of this Motion will not prejudice
`
`Sauder.
`
`WHEREFORE, J Squared respectfully requests an extension of time to produce
`
`documents responsive to Sauder’s Requests for Production of Documents to and including
`
`October 8, 2014, unless prior thereto J Squared files a motion to stay this action in connection
`
`with an IPR Petition, in which case J Squared would not be required to produce documents
`
`unless the Court denies the motion to stay and until 10 days after such denial.
`
`73061170.1
`
`Sauder Manufacturing Co., Ex. 2001 p. 2
`
`
`
`Case: 3:14-cv-00962-JZ Doc #: 25 Filed: 09/08/14 3 of 4. PageID #: 263
`
`/s/: Philip R. Bautista
`Philip R. Bautista (0073272)
`pbautista@taftlaw.com
`TAFT, STETTINIUS & HOLLISTER LLP
`200 Public Square, Suite 3500
`Cleveland, Ohio 44114-2302
`Tel: (216) 241-2838
`Fax: (216) 241-3707
`
`Thomas R. DeVoe (16688-49)*
`tdevoe@taftlaw.com
`TAFT, STETTINIUS & HOLLISTER LLP
`One Indiana Square, Suite 3500
`Indianapolis, Indiana 46204-2023
`Tel: (317) 713-3500
`Fax: (317) 713-3699
`
`*Admitted Pro Hac Vice
`
`Attorneys for Defendant/Counterclaim-
`Plaintiff
`
`73061170.1
`
`Sauder Manufacturing Co., Ex. 2001 p. 3
`
`
`
`Case: 3:14-cv-00962-JZ Doc #: 25 Filed: 09/08/14 4 of 4. PageID #: 264
`
`CERTIFICATE OF SERVICE
`I hereby certify that on September 8, 2014, the foregoing was filed electronically. Notice
`
`of this filing will be sent to all parties by operation of the Court’s electronic filing system.
`
`Parties may access this filing through the Court’s system.
`
`/s/: Philip R. Bautista
`Philip R. Bautista (0073272)
`pbautista@taftlaw.com
`TAFT, STETTINIUS & HOLLISTER LLP
`200 Public Square, Suite 3500
`Cleveland, Ohio 44114-2302
`Tel: (216) 241-2838
`Fax: (216) 241-3707
`
`Attorneys for Defendant/Counterclaim-
`Plaintiff
`
`73061170.1
`
`Sauder Manufacturing Co., Ex. 2001 p. 4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
