J. R. Wood & Sons, Inc. v. Reese Jewelry Corp.

HERLANDS, District Judge.

Defendant’s objections to plaintiff’s interrogatories numbered 4, 5, 7, 8, 15 and 16 are sustained; defendant’s objection to plaintiff’s interrogatory numbered 9 is overruled.

Neither party disputes the proposition that, if the above numbered interrogatories relate solely to the secondary issue of damages, their answer should await a determination of the primary issue of liability. Thus, the decisive question is whether the challenged interrogatories have any relevance to the issue of defendant’s liability, as posed by the complaint.

The complaint alleges trademark…