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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 CAVE CONSULTING GROUP, INC., Plaintiff, 6 v. 7 8 Case No. 15-cv-03424-JCS OPTUMINSIGHT, INC., Defendant. 9 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 11 United States District Court Northern District of California 10 reconsideration of this Court’s previous order dated August 28, 2019 granting summary judgment 12 on, among other issues, CCGroup’s ability to show antitrust damages based on lost profits in light 13 of the Court’s decision to exclude opinions on that issue offered by CCGroup’s expert witness Dr. 14 Sullivan. CCGroup contends Defendant OptumInsight, Inc. did not seek summary judgment on 15 that issue and the Court did not provide notice that it intended to raise the issue sua sponte. See 16 dkt. 358. CCGroup raises at least a colorable argument of error warranting reconsideration. The 17 motion for leave to file is GRANTED. 18 In addition to accepting arguments on the issue of reconsideration, to the extent the motion 19 might be granted, the Court also hereby provides notice under Rule 56(f) of the Federal Rules of 20 Civil Procedure of the Court’s intent to consider sua sponte whether summary judgment should be 21 granted on the issue of whether CCGroup can show market damages. CCGroup may revise its 22 proposed motion for reconsideration to account for this change in the scope of issues to be 23 addressed. 24 25 26 27 28 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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