Let me tell you...DM gave Sakar a shellacking in this motion! I can all but guarantee the Court will grant EDIG's motion compelling Sakar to meet discovery requests. Remember, Sakar's attorney, Ezra Sutton, was the guy who didn't appear for a hearing this year and the judge ordered a Show Cause Hearing, calling him to the carpet.

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...(party cannot meet its discovery obligations by “sticking its head in the sand and refusing to look for the answer and then saying it does not know the answer;” a corporation must speak to those employees who may have responsive information). There is no evidence that Sakar discharged this duty.

On this basis and in light of Sakar’s refusal generally to participate in discovery, Sakar should be sanctioned and at a minimum should have to pay e.Digital’s attorneys’ fees related to the bringing of this motion.

CONCLUSION

For the foregoing reasons, e.Digital requests an order compelling Sakar to fully and completely respond without objection, to e.Digital’s Interrogatory Nos. 2, 3, 5, 7 through 14 and Document Request Nos. 1 through 37 and awarding e.Digital its fees and costs associated with bringing this motion.