Discovery is a pretty big deal when it comes to lawsuits. The basic is, one side asks the other for all documents related to a topic. All of those documents then need to be sorted through to try to find important details that might help your case. It can be a very expensive process depending on how many documents are turned over and can include things like emails, letters, texts, and internal chats like Slack. Destroying documents or not providing what’s asked for can be a big deal in a case. In the Diamond chapter 11 process, discovery has been brought up numerous times by different parties. Dynamic Forces, aka Dynamite Entertainment, has filed a motion with the court to compel Diamond Comic Distributors to provide what was asked for.
Dynamic Forces currently has a dispute with Diamond concerning over $500,000 in unpaid post-petition invoices. A hearing about this is scheduled for October 22, 2025. On July 31, 2025, Diamond was served document requests which were due August 27, 2025. There were no objections or a response to that request.
On September 12, 2025, Dynamic’s counsel sent an email asking where Diamond was with the process as it was overdue by a week at this point.
Diamond’s counsel responded that Diamond would “do their best” to respond prior to September 17 and asked for the discovery request to be sent again.
Dynamic points out again in their motion that there was no response or objections to the request and therefore the failure by Diamond to object waives their objection to that request.
Dynamic in their motion notes Diamond has not complied with the request in the time frame given or responded at all to the request, so they’ve filed a motion with the court to compel Diamond to do so.
Dynamic and Dynamite want the discovery because they feel Diamond’s objection to their motion was extremely vague.
While the Debtors do not dispute that Dynamite delivered goods to the Debtors postpetition and that certain amounts are owed on account of the goods delivered, the Debtors dispute the asserted claim amount ($509,114.21) in the Motion. In particular, the Debtors believe the asserted amount is overstated and fails to account for certain of the Debtors’ setoff rights. The Debtors are in the process of reconciling the asserted amount with the Debtors’ books and records, and therefore, reserve the right to supplement this Objection to further contest the alleged amounts sought in the Motion and further reserve all rights, claims and causes of action related thereto.
They hope discovery will help them figure out what their defense is prior to the October 22, 2025 hearing.
Dynamite has requested that the Court hold a hearing on the motion between September 29 and October 4, 2025.
Update: The Court has granted Dynamic/Dynamite’s request for an expedited hearing which will be held September 26 at 1:30 PM.
Discover more from Graphic Policy
Subscribe to get the latest posts sent to your email.
Source: Graphic Policy
