Sik Gaek, Inc. v. Harris, No. 14-1196 (7th Cir. 2015)
Annotate this CaseSGI sued Yogi’s, alleging trademark infringement. Attorney Harris filed trademark applications for Yogi’s. SGI served Harris with a subpoena, for his deposition. The deposition did not take place. The court ordered Harris to be deposed at his office at noon on October 29. SGI sent Harris, who did not attend the hearing, a copy of the order by mail and facsimile on October 23. On October 29, SGI’s attorney, Park, arrived at the office. Harris was not there. The two spoke by phone. According to Park, Harris stated that he was aware of the order, but that it would take him at least an hour to arrive. Park told Harris that if he did not arrive by 1:00 p.m. it would be treated as a “no show.” The deposition did not occur. Harris faxed a letter stating his intention to comply and willingness to be deposed telephonically or by video. SGI did not respond or attempt to reschedule, but moved to hold Harris in contempt, seeking fees and expenses of $6,800. Harris filed an affidavit, explaining that during the week of October 22, he was in New York, and that he first became aware of the court order on October 29, when speaking with Park. On November 6, Harris sent Park a letter via email, facsimile, and certified mail, stating that he was available for deposition. On November 8, Harris called Park to reschedule. Park did not return the call; Harris sent another email. There was no response. On December 17, the court ordered SGA to take Harris’ deposition that same day. SGI complied. The court declared the motion for contempt and sanctions moot. SGI filed a renewed motion. The Seventh Circuit affirmed its denial.
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