Professional Documents
Culture Documents
WEBXCHANGE INC.,
Plaintiff
Defendants.
MEMORANDUM OPINION
FedEx Kinko's Office & Print Services Inc., and FedEx Corporate
No.1 And For A Protective Order (0.1. 172) and Motion For Leave
I. BACKGROUND
"'556 patent"), and u.S. Patent No. 7,340,506 (the "'506 patent")
23, 2009, the Court issued a Scheduling Order (0.1. 99) directing
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and identification of fact witnesses to be completed by February
30(b) (6) deposition notice on April 16, 2009 (Id. at Ex. F) and
not included.
the Second Supplement, and was only listed in the untimely Third
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II. DEFENDANTS' MOTION TO STRIKE AND FOR A PROTECTIVE ORDER
at the Rule 30 (b) (6) deposition. (D. I. 174.) FedEx argues that
the Second Supplement and the need for a later, but still timely
B. Legal Standard
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as would be the case in an untimely supplementation to an
Lab. Skin Care, Inc. v. Ltd. Brands, Inc., Civ. No. 06-601-JJF,
2009 u.S. Dist. LEXIS 95868, *5-6 (D. Del. Oct. 14, 2009).
Additionally:
Boehringer Ingelheim Int'l GMBH v. Barr Labs. Inc., Civ. No. 05-
700-JJF, 2008 u.S. Dist. LEXIS 53475, *4-5 (D. Del. July 15,
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C. Decision
Co., 278 F. Supp. 2d 491, 508 (E.D. Pa. 2003).) These cases are
the close of discovery and that timing was the source of the
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prejudice.
should be denied.
A. Background
and Third Supplements, see supra, that issue will not be re-
fees is appropriate.
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and the briefings the Court will deny the Motion to File a
Motion for Costs and Fees associated with the Motion To Compel.
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37(A)(5)." (0.1. 177 at 6.)
created the need for the motion to pay reasonable costs and fees
IV. CONCLUSION
No.1 And For A Protective Order (0.1. 172) and For Leave To File
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175) will be granted in part and denied in part.
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WEBXCHANGE INC.,
Plaintiff
Defendants.
ORDER
And Fees.
DISTRICT