Wm. T. Thompson Co. v. General Nutrition Corp.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

These actions are before the Court on the motions of General Nutrition Corporation, Inc., and General Nutrition Center, Inc. (collectively referred to as “GNC”), to review the orders of the Honorable Parks Stillwell, Special Master, imposing monetary sanctions upon GNC and its counsel, and on the motions of Wm. T. Thompson Company (“Thompson”) for action on the Special Master’s recommendation that the sanctions of default and dismissal be imposed against GNC for discovery abuse. Upon consideration of the record of the proceedings before the Special Master and the points and authorities submitted by the parties and counsel, the Court has, this date, entered orders affirming the Special Master’s orders of monetary sanctions against GNC and adopting the Special Master’s recommendations that GNC’s answer be stricken, and default entered, in case No. CV 78-3206 CHH, and that GNC’s complaint be dismissed in case No. CV 78-3891 CHH. These orders are based upon the reasons set forth in these Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

1. GNC operates the nation’s largest chain of health food and health products stores. For many…