United States District Court, D. New Hampshire
F. Laboe, Esq.
Christopher P. Mulligan, Esq.
K. Pinsonneault, Esq.
Snow Wade, Esq.
DiClerico, Jr. United States District Judge.
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.
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.
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.
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.
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,
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
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 ...