Cave Consulting Group, Inc. v. OptumInsight, Inc.,

Filing 366

Order by Chief Magistrate Judge Joseph C. Spero granting 358 Motion for Leave to File Motion for Reconsideration and providing notice of intent to consider granting summary judgment sua sponte. A briefing schedule will be addressed at the case management conference. (jcslc2S, COURT STAFF) (Filed on 10/4/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CAVE CONSULTING GROUP, INC.,
Plaintiff,

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v.

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Case No. 15-cv-03424-JCS

OPTUMINSIGHT, INC.,
Defendant.

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ORDER GRANTING MOTION FOR
LEAVE TO FILE MOTION FOR
RECONSIDERATION
Re: Dkt. No. 358

Plaintiff Cave Consulting Group, Inc. (“CCGroup”) seeks leave to file a motion for

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United States District Court
Northern District of California

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reconsideration of this Court’s previous order dated August 28, 2019 granting summary judgment

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on, among other issues, CCGroup’s ability to show antitrust damages based on lost profits in light

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of the Court’s decision to exclude opinions on that issue offered by CCGroup’s expert witness Dr.

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Sullivan. CCGroup contends Defendant OptumInsight, Inc. did not seek summary judgment on

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that issue and the Court did not provide notice that it intended to raise the issue sua sponte. See

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dkt. 358. CCGroup raises at least a colorable argument of error warranting reconsideration. The

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motion for leave to file is GRANTED.

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In addition to accepting arguments on the issue of reconsideration, to the extent the motion

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might be granted, the Court also hereby provides notice under Rule 56(f) of the Federal Rules of

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Civil Procedure of the Court’s intent to consider sua sponte whether summary judgment should be

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granted on the issue of whether CCGroup can show market damages. CCGroup may revise its

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proposed motion for reconsideration to account for this change in the scope of issues to be

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addressed.

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The Court will address the briefing schedule for CCGroup’s motion for reconsideration at
the case management conference set for 2:00 PM today.
IT IS SO ORDERED.
Dated: October 4, 2019

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JOSEPH C. SPERO
Chief Magistrate Judge