Wednesday, February 25, 2009

Discovery Disputes Do Not Excuse Compliance with Scheduling Order as to Claim Construction Briefs

Plaintiff's motion to require defendant's compliance with the claim construction deadline was granted. "Like many litigants, but unlike this Court, [defendant] seems to believe that a request for adjournment, if only it can be filed sufficiently belatedly, somehow is self-granting, as [defendant] proceeded to act as if its defective presentation of a discovery dispute excused it from serving the claims construction report that it was obligated to serve under the Court's orders. . . . This behavior will not be tolerated. [Plaintiff] is hereby ordered to serve its claim construction document . . . [in three days] on pain of sanctions."

Liquidnet Holdings, Inc. v. Pulse Trading, Inc., 1-07-cv-06886 (NYSD February 23, 2009, Order)

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