Triosim Corporation v. Somarakis, Inc., John Somarakis, and SI Post, Inc.
Triosim Corporation v. Somarakis, Inc., John Somarakis, and SI Post, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN
TRIOSIM CORPORATION,
Plaintiff,
v. Case No. 24-CV-382
SOMARAKIS, INC., JOHN SOMARAKIS, and SI POST, INC.,
Defendants.
ORDER
Triosim asks the court to compel defendant John Somarakis “to provide complete responses to Plaintiff’s First Set of Interrogatories and Plaintiff’s First Set of Requests for Production.” (ECF No. 53 at 1.) The defendants have not responded to Triosim’s motion to compel. See Civ. L.R. 7(h) (requiring response to be filed within seven days). Accordingly, the motion to compel (ECF No. 53) is granted as unopposed. See Hobbs v. Am. Commercial Barge Line LLC, No. 4:22-cv-00063-TWP-KMB,
2023 U.S. Dist. LEXIS 171310, at *9 (S.D. Ind. Sep. 26, 2023). Within 28 days of this order John Somarakis shall provide complete responses to Plaintiff’s First Set of Interrogatories and fully comply with Plaintiff’s First Set of Requests for Production. Any request for expenses related to this motion to compel, see Fed. R. Civ. P. 37(a)(5)(B), shall be filed within seven days of the date of this order. Any response must be filed within seven days thereafter. Triosim has also moved the court to compel defendants Somarakis, Inc., and
SI Post, Inc. to respond to its subpoenas. (ECF No. 53 at 1.) “At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.” Fed. R. Civ. P. 45(d)(2)(B)(i) (emphasis added); see also Rayburn v. Apogee Enters., No. 23-cv-744- jdp,
2024 U.S. Dist. LEXIS 104810, at *3 (W.D. Wis. June 12, 2024); Lymon v. UAW Local Union #2209, No. 1:20-cv-000169-HAB-SLC,
2021 U.S. Dist. LEXIS 233909, at *2 (N.D. Ind. Dec. 7, 2021). The subpoenas required compliance in the Western
District of Washington. (ECF Nos. 53-3 at 2; 53-4 at 2.) Consequently, Triosim has failed to demonstrate that its motion related to the enforcement of the subpoenas is properly before the court. Accordingly, that aspect of Triosim’s motion (ECF No. 53) is denied without prejudice. Finally, as to Triosim’s request regarding scheduling (ECF No. 47), any motion for default judgment or request for a hearing regarding default judgment shall be
filed no later than April 15, 2026. SO ORDERED. Dated at Green Bay, Wisconsin this 18th day of December, 2025.
s/ Byron B. Conway BYRON B. CONWAY U.S. District Judge
Reference
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