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Foreign Trade Corporation v. Otter Products, Llc

BRIEF in Opposition to 141 MOTION to Compel Responses to Requests for Production or for Leave to Amend Pleadings

26 Cited authorities

  1. Minter v. Prime Equipment Co.

    451 F.3d 1196 (10th Cir. 2006)   Cited 1,570 times
    Holding that "denial of leave to amend is appropriate when the party filing the motion has no adequate explanation for the delay"

  2. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,653 times   16 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

  3. Viernow v. Euripides Development Corp.

    157 F.3d 785 (10th Cir. 1998)   Cited 280 times
    Holding plaintiff cannot "salvage a lost case by untimely suggestion of new theories of recovery" and court need not grant motion to amend which would create "moving target"

  4. Pallottino v. City of Rio Rancho

    31 F.3d 1023 (10th Cir. 1994)   Cited 292 times
    Holding that untimeliness in itself can be a sufficient reason to deny leave to amend

  5. Hayes v. Whitman

    264 F.3d 1017 (10th Cir. 2001)   Cited 215 times
    Holding that “[b]ecause review of Plaintiffs' claim is available under the Clean Water Act, it is not subject to review under the APA”

  6. Simpson v. Univ. of Colo.

    220 F.R.D. 354 (D. Colo. 2004)   Cited 192 times
    Finding party certainly entitled to discovery of any relevant matters bearing on claims and defenses

  7. Sonnino v. University Kansas Hosp. Auth.

    220 F.R.D. 633 (D. Kan. 2004)   Cited 131 times
    Holding that when an argument is "not relied upon in response to the motion to compel," the court will deem it "abandoned"

  8. Jet Courier v. Mulei

    771 P.2d 486 (Colo. 1989)   Cited 157 times   1 Legal Analyses
    Determining whether employer's workers had been "enticed away" to a competing business did not depend upon their status as "independent contractors"

  9. Pham v. Hartford Fire Ins. Co.

    193 F.R.D. 659 (D. Colo. 2000)   Cited 54 times
    Holding that a party's disagreement with the content of a discovery response does not make the response inadequate

  10. Sackman v. Liggett Group, Inc.

    965 F. Supp. 391 (E.D.N.Y. 1997)   Cited 33 times
    Denying summary judgment on a claim that tobacco companies engaged in a conspiracy through their co-defendant trade association

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,767 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 110,992 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,102 times   133 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  14. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,538 times   650 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  15. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,703 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  16. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,581 times   251 Legal Analyses
    Adopting the Daubert standard

  17. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,798 times   315 Legal Analyses
    Prohibiting unlawful business practices

  18. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 4,870 times   144 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

  19. Section 1337 - Commerce and antitrust regulations; amount in controversy, costs

    28 U.S.C. § 1337   Cited 3,064 times   1 Legal Analyses
    Granting jurisdiction for claims arising under statutes regulating interstate commerce