Friday, February 2, 2018

Improper Emergency Motions May Push Case into Exceptional Posture

The court denied plaintiff's emergency motion to strike defendant's previously undisclosed claim construction proposal and warned the parties about improper emergency motions. "The Court reminds the Parties that filing an Emergency Motion before the Court is an extremely disruptive process that represents to the Court that immediate action must be taken in order to prevent material, avoidable harm. . . . The Court analogizes the current situation to [defendant] striking a match to light its cigar while sitting in the balcony of a crowded theater, with [plaintiff] in response jumping to its feet and screaming, 'Fire!' There is no emergency here. . . . Should these Parties ignore the guidance going forward, they may find themselves in a position where the Court feels compelled to issue sanctions and ultimately, they may push this case into a posture of being exceptional."

EnerPol, LLC v. Schlumberger Technology Corporation, 2-17-cv-00394 (TXED January 31, 2018, Order) (Gilstrap, USDJ)

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