United States District Court, D. Nebraska
R. ZWART, UNITED STATES MAGISTRATE JUDGE
reasons stated on the record, (Filing No. 104), UP's
objections to NL's discovery (as outlined in the attached
chart), are overruled in part and sustained in part as
to Production Request 24 and 40, and Interrogatory No. 21,
the parties have reached a stipulation and no further
assistance is needed from the court.
to remaining discovery disputes outlined by the parties, for
the timeframe beginning in 2013 and to present,
United Pacific Pet (UP) shall:
a. Produce its quarterly financial statements;
b. Investigate whether any documents exist which will aid in
determining the cost of goods sold; direct costs; overhead
costs; and indirect costs associated with UP's sale of NL
products specifically. If such documents exist, they must be
promptly produced. If they do not exist, UP shall provide a
statement, signed under oath, stating that such documents do
c. Produce all documents underlying UP's determination of
its gross profit margin and net profit margin for the sale of
NL products, including all documents underlying UP's
24.5% profit margin calculation, along with any other
documents useful in determining its profit margins for the
sale of NL products, including documents reflecting purchases
and sales of NL products, and the sales and overhead costs
incurred and specifically attributable to the sale of NL
d. Provide an interrogatory response, signed under oath by
UP, explaining the methodology used by UP to track profit
margins for the sale of its products in general, and if a
different method was used for NL product sales, a description
of the method used as to NL products specifically.
e. To the extent not already disclosed, produce UP's
monthly sales reports for NL products for the time period
from 2013 to present.
f. For each pet food manufacturer or other individual or
business that UP has begun a distribution relationship with
since November 25, 2015, identify (broken down by month) the
amount of product UP has ordered/purchased since November 25,
2015. All documents produced in response to this subparagraph
2(f) shall be disclosed to only counsel and the parties'
specially retained expert witnesses until such time as the
court both: i) determines that failure to mitigate can be
raised as a defense to a claim for breach of an exclusive
distributorship contract, and ii) enters an order
specifically permitting disclosure to NL itself.
g. Produce all documents reflecting the projection of sales,
forecasts, or estimations of all of UP's proposed
purchases and/or sales of Nature's Logic products.
assist the Court in more efficiently addressing the
parties' discovery dispute(s), the parties shall meet and
confer, and jointly complete the following chart. The purpose
of this chart is to succinctly state each party's
position and the last compromise offered when the parties met
and conferred. The fully completed chart shall be e-mailed to
chambers at email@example.com.
moving party is: Plaintiff/Counterclaim Defendant NL
responding party is: Defendant/Counterclaimant ...