RTC Industries, Inc. v. Fasteners for Retail, Inc.MOTIONN.D. Ill.June 10, 20191 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RTC Industries, Inc., Plaintiff, v. Fasteners For Retail, Inc., Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-03595 Judge: Honorable Sharon J. Coleman Magistrate: Honorable Sidney I. Schenkier DEFENDANT FASTENERS FOR RETAIL, INC.’S MOTION TO COMPEL RESPONSES TO INTERROGATORY NOS. 4 AND 11 Pursuant to Federal Rule of Civil Procedure 37 and the Court’s February 8, 2019 Minute Entry (Dkt. 157), Defendant Fasteners for Retail, Inc. (“FFR”) moves to compel Plaintiff RTC Industries, Inc. (“RTC”) to supplement its responses to FFR’s Interrogatory Nos. 4 and 11. In support of the motion, FFR provides the following information pursuant to the Court’s ordered procedure for motions to compel (Dkt. 157): FFR’s Rule 37.2 Letter is attached as Exhibit A to this Motion. RTC’s response to FFR’s Rule 37.2 Letter is attached as Exhibit B to this Motion. FFR’s First Set of Interrogatories to RTC, which contains both Interrogatory Nos. 4 and 11, is attached as Exhibit 1 to FFR’s Rule 37.2 Letter. See Ex. A at Ex. 1. RTC’s response to Interrogatory Nos. 4 and 11 is attached as Exhibit 2 to FFR’s Rule 37.2 Letter. See Ex. A at Ex. 2. Pursuant to the Court’s ordered procedure, the parties held an on-the-record meet- Case: 1:17-cv-03595 Document #: 184 Filed: 06/10/19 Page 1 of 3 PageID #:12170 2 and-confer on June 7, 2019.1 The transcript of the on-the-record meet and confer is attached as Exhibit C to this Motion. The discussion relating to Interrogatory No. 4 appears at the transcript range 8:24–66:20. The discussion relating to Interrogatory No. 11 appears at the transcript range 66:23–97:13. FFR’s Rule 37.2 Letter also seeks production of documents pursuant to FFR’s Request for Production Nos. 63 and 65. See Ex. A, FFR’s Rule 37.2 Ltr. §§ C, D. Pursuant to RTC’s representations concerning its responses to these requests and with the reservation of rights set forth on the record, see Ex. C at 4:16–8:12, FFR is not at this time moving to compel production of documents responsive to these requests. Dated: June 10, 2019 Respectfully submitted, /s/ Gianni L. Cutri Gianni L. Cutri (IL Bar No. 6272109) gianni.cutri@kirkland.com Joel R. Merkin (IL Bar No. 6290212) joel.merkin@kirkland.com Brian A. Verbus (IL Bar No. 6314193) brian.verbus@kirkland.com KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, Illinois 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200 Counsel for Defendant Fasteners For Retail, Inc. 1 The parties’ Rule 37.2 letters predate the stay of the case. The parties then agreed upon a date on which to hold the Rule 37.2 meet-and-confer after the stay was lifted. Case: 1:17-cv-03595 Document #: 184 Filed: 06/10/19 Page 2 of 3 PageID #:12171 3 CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court’s CM/ECF system on June 10, 2019. An unredacted copy of this document and attached exhibits was served upon counsel of record by email on June 10, 2019. /s/ Gianni L. Cutri Attorney for Fasteners for Retail, Inc. Case: 1:17-cv-03595 Document #: 184 Filed: 06/10/19 Page 3 of 3 PageID #:12172