IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO.: 1:24-cv-00133-MR
DAVID GORDON OPPENHEIMER, )
)
Plaintiff, )
vs. ) DEFENDANT’S MOTION TO
) COMPEL
HIGHLAND FALLS COUNTRY CLUB, INC., )
)
Defendant. )
_____________________________________
Defendant, Highland Falls Country Club, through undersigned counsel and pursuant to
Rule 37 of the Federal Rules of Civil Procedure and Local Rule 7.1 respectfully moves this Court
for an Order compelling Plaintiff to fully respond to discovery. Defendant also moves this Court
pursuant to Rule 37(a)(5) for an Order granting Defendant’s reasonable costs and attorney fees
incurred in association with this Motion.
In support of this Motion, Defendant states as follows:
1) Defendant served Plaintiff through his attorneys, with Interrogatories and Requests
for Production of Documents on June 27, 2024;
2) Plaintiff responded to those discovery requests on August 27, 2024, however, his
responses were deficient;
3) Defendant’s counsel subsequently sent Plaintiff’s counsel a discovery deficiency
letter on September 19, 2024. Specifically, Defendant was requesting supplementation by Plaintiff
providing information concerning prior copyright and Digital Millennium Copyright Act
(“DMCA”) settlements; information concerning income derived from copyright claims,
settlements and verdicts in the last seven years; revenue for his photograph business during a
Case 1:24-cv-00133-MR Document 24 Filed 10/10/24 Page 1 of 4
certain time period; and tax returns from 2016 to the present;
4) Counsel for the Defendant has also conferred with Plaintiff’s counsel by way of
telephone to resolve these issues and even entered into a Consent Protective Order, which
specifically protected disclosure of these materials; and
5) Plaintiff has maintained his objections and refuses to produce the complete records
and information requested.
Given the upcoming discovery deadlines in this matter, Defendant seeks an Order
compelling full and complete responses to Defendant’s First Set of Interrogatories and Request for
Production of Documents to Plaintiff.
The undersigned certifies that they have conferred with counsel for the Plaintiff through
written correspondence and multiple telephones conferences, and thus, made a good faith effort to
resolve these issues without Court intervention. Defendant offers the accompanying brief and
exhibits in support of this Motion detailing the discovery issues.
WHEREFORE, Defendant respectfully move the Court for an Order compelling the
following:
1. that Plaintiff supplement his responses to discovery to provide full and complete
response, including income derived from copyright and DMCA settlements, income derived from
such claims, revenue from his photography business for a certain time period and tax returns from
2016 to the present; and
2. That Plaintiff pay Defendant’s reasonable costs and attorney fees associated with
this Motion.
2
Case 1:24-cv-00133-MR Document 24 Filed 10/10/24 Page 2 of 4
This the 10th day of October, 2024.
PETTEY & PARTRICK, LLP
By: /s/ Rodney E. Pettey
RODNEY E. PETTEY
rpettey@rpsplaw.com
N.C. State Bar No.: 17715
JONATHAN P. WRIGHT
jwright@rpsplaw.com
N.C. State Bar No.: 61178
4800 Falls of Neuse Road, Suite 160
Raleigh, North Carolina 27609
Tel: (919) 719-6019/(919) 719-6025
Fax: (919) 835-0910
Attorneys for Defendant
3
Case 1:24-cv-00133-MR Document 24 Filed 10/10/24 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO.: 1:24-cv-00133-MR
DAVID GORDON OPPENHEIMER, )
)
Plaintiff, )
vs. )
) CERTIFICATE OF SERVICE
HIGHLAND FALLS COUNTRY CLUB, INC., )
)
)
Defendant. )
I hereby certify that on October 10, 2024, I electronically filed the foregoing document
with the Clerk of the Court using the CM/ECF system which will send notification of such filing
to the following CM/ECF participants: Dana A. LeJune (dlejune@triallawyers.net), Evan
Andersen evan.andersen@sriplaw.com and I hereby certify that I have mailed the document to the
following non-CM/ECF participants: NONE.
Respectfully submitted,
PETTEY & PARTRICK, LLP
By: /s/ Rodney E. Pettey
RODNEY E. PETTEY
rpettey@rpsplaw.com
N.C. State Bar No.: 17715
JONATHAN P. WRIGHT
jwright@rpsplaw.com
N.C. State Bar No.: 61178
4800 Falls of Neuse Road, Suite 160
Raleigh, North Carolina 27609
Tel: (919) 719-6019/(919) 719-6025
Fax: (919) 835-0910
Attorneys for Defendant
4
Case 1:24-cv-00133-MR Document 24 Filed 10/10/24 Page 4 of 4
