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LLC v. Healthy Food Corp.

United States District Court, D. New Hampshire

November 16, 2016

17 Outlets, LLC
v.
Healthy Food Corporation d/b/a Frozurt and Tai H. Pham
v.
ThurKen III, LLC and Richard E. Landry, Jr. Opinion No. 2016 DNH 207

          James F. Laboe, Esq.

          Christopher P. Mulligan, Esq.

          David K. Pinsonneault, Esq.

          Lisa Snow Wade, Esq.

          ORDER

          Joseph DiClerico, Jr. United States District Judge.

         Healthy Food Corporation d/b/a Frozurt (“HFC”) moves for a protective order to bar all discovery requests from 17 Outlets, LLC, because 17 Outlets's claims against HFC and Tai H. Pham have been decided. 17 Outlets objects and contends that HFC has waived any objection to its pending requests for production of documents and that HFC has not shown grounds for a protective order.

         Background

         17 Outlets, LLC brought suit against Healthy Food Corporation, d/b/a Frozurt, (“HFC”) and Tai H. Pham after HFC failed to pay rent due under a lease for commercial space in Merrimack, New Hampshire. In its claim against Pham, 17 Outlets sought to enforce a lease guaranty signed by Pham. HFC brought a third-party complaint against ThurKen III, LLC and ThurKen's manager, Richard E. Landry, Jr., arising from the original lease agreement with ThurKen.

         Summary judgment has been granted in favor of 17 Outlets on its breach of contract claim against HFC, although the amount of damages is yet to be proved. Summary judgment has also been granted in favor of Pham on 17 Outlets's breach of guaranty claim. Therefore, HFC's liability on 17 Outlets's breach of contract claim is established, and 17 Outlets's claim against Pham is dismissed.

         HFC withdrew its claims for breach of contract and promissory estoppel against ThurKen and Landry. The only claim that remains in the case is HFC's claim for fraudulent misrepresentation against ThurKen and Landry. The amount of damages on the breach of contract claim against HFC also remains to be determined.

         On August 29, 2016, while Pham's motion for summary judgment was pending, 17 Outlets served its first request for production of documents on HFC. The document includes thirty-one requests as follows:

1. All documents relating to the creation of HFC including, but not limited to, Articles of Incorporation, Stock Ledger, etc.
2. All documents relating to the stockholders of HFC.
3. All documents relating to the operation of HFC including, but not limited to, business conducted in Massachusetts and New Hampshire.
4. All documents relating to any and all leasehold interests held by HFC including, but not limited to, the business called "Frozurt" located in Lowell, MA.
5. All communications by and between you and Tai H. Pham relating to HFC including, but not limited to, the ...

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