Background:

• Lawney Rosebrook initiated a copyright and moral rights infringement action as a simplified action under the Federal Courts Rules.
• Disagreement arose between Rosebrook and CAHN regarding the timing for serving documents listed by Rosebrook, with CAHN wanting immediate access to prepare discovery questions.

Key Issues:

• The procedural issue focused on when documents relevant to the case should be provided in the context of a simplified action, specifically whether they should be served before or as part of the written discovery process.

Court’s Analysis and Decision:

• Associate Judge Trent Horne decided that delaying the service of documents would impede the efficient completion of discoveries and be contrary to the principles of procedural simplification.
• The court ordered Rosebrook to produce copies of all documents in the list to all parties by March 28, 2024, aiming to maintain the scheduled discovery timeline.
• The court awarded costs of the motion to CAHN, indicating that while Rosebrook’s interpretation of the rules was not incorrect, it favored procedural formality over substance.

Outcome:

• Rosebrook was directed to provide the documents to all parties forthwith to facilitate an efficient discovery process.
• Costs were awarded to defendant, CAHN, due to the unnecessary complication caused by the plaintiff’s stance. No amount specified.