Mike Boyle, doing business as Surface Dynamix, has asked the court for an extension to file a response to GlasWeld’s motion for a default judgment, writing “the defendant is unable to gather all documentation and clarification of any and all deficiencies of requested discovery to present a response within the time allotted.”
GlasWeld filed the alleged patent infringement lawsuit against Mike Boyle, doing business as Surface Dynamix, in late 2012. The company later added Christopher Boyle, his son, as a defendant in the lawsuit.
“Defendant is hampered by the unavailability of documents from prior counsel and the plaintiff’s counsel’s unwillingness to meet and confer on the supposed deficiencies of discovery request,” Mike Boyle claims. “Defendant has done his best efforts to meet all of the court orders regarding request for discovery.”
GlasWeld’s attorney alleges the Boyles have not fully participated in discovery despite court orders.
“GlasWeld asks that the court impose sanctions under Rule 37(b)(2) and grant GlasWeld a default judgment against the Boyles for the Boyles’ collective refusal to comply with the court’s June 2, 2014 order compelling discovery responses, the court’s September 6, 2013 order also compelling discovery responses, and their other discovery violations,” GlasWeld’s attorney claims in court documents.
The court has not issued any new decision at press time.
To read a copy of Mike Boyle’s Motion for an Extension, click here.