Monday, March 16, 2009

Defendant's Late Disclosure of Third Party, and Lack of Ownership or Control of Third Party, Warrants an Extension of Discovery as to such Third Party

Plaintiff's motion to reopen discovery to allow the deposition of a third party was granted. Where defendant did not formally identify the third party until two weeks before the discovery cut-off, and waited until the last day of the discovery period "to assert that it did not own or control [the third party] and thus did not infringe," discovery was reopened so plaintiff could depose that third party.

Ronald A Katz Technology Licensing L P v. Citizens Financial Group Inc., 2-07-cv-04964 (CACD March 9, 2009, Minutes)

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