Cave Consulting Group, Inc. v. OptumInsight, Inc.,
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CAVE CONSULTING GROUP, INC.,
Case No. 15-cv-03424-JCS
ORDER GRANTING MOTION FOR
LEAVE TO FILE MOTION FOR
Re: Dkt. No. 358
Plaintiff Cave Consulting Group, Inc. (“CCGroup”) seeks leave to file a motion for
United States District Court
Northern District of California
reconsideration of this Court’s previous order dated August 28, 2019 granting summary judgment
on, among other issues, CCGroup’s ability to show antitrust damages based on lost profits in light
of the Court’s decision to exclude opinions on that issue offered by CCGroup’s expert witness Dr.
Sullivan. CCGroup contends Defendant OptumInsight, Inc. did not seek summary judgment on
that issue and the Court did not provide notice that it intended to raise the issue sua sponte. See
dkt. 358. CCGroup raises at least a colorable argument of error warranting reconsideration. The
motion for leave to file is GRANTED.
In addition to accepting arguments on the issue of reconsideration, to the extent the motion
might be granted, the Court also hereby provides notice under Rule 56(f) of the Federal Rules of
Civil Procedure of the Court’s intent to consider sua sponte whether summary judgment should be
granted on the issue of whether CCGroup can show market damages. CCGroup may revise its
proposed motion for reconsideration to account for this change in the scope of issues to be
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
JOSEPH C. SPERO
Chief Magistrate Judge
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