HealthTrio, LLC v. Aetna Inc. et al
Filing
117
MINUTE ORDER granting 107 Defendants' Motion to Compel Infringement Contentions and Written Discovery, as set forth in the Order, by Magistrate Judge Michael J. Watanabe on 8/11/2014.(emill)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03229-REB-MJW
HEALTHTRIO, LLC, a Colorado limited liability company,
Plaintiff,
v.
AETNA, INC., a Connecticut corporation,
ACTIVEHEALTH MANAGEMENT, INC., a Delaware corporation, and
MEDICITY, INC., a Colorado corporation,
Defendants.
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendants’ Motion to Compel Infringement
Contentions and Written Discovery (docket no. 107) is GRANTED as follows. See
Orenshtey v. Int’l Bus. Machines Corp., No. 02-CV-5074-JFK-RLE, 2013 WL 17483, at
*7 (S.D.N.Y. Jan. 15, 2013).
Plaintiff HealthTrio [“Plaintiff”] has stated in its Response (docket no. 109) that it
does intend on providing supplement information to respond to Defendant Atena’s
[“Defendant”] interrogatory No. 15 upon receipt of technical documents from Defendant.
Plaintiff argues that the subject motion (docket no. 107) is therefore moot. Plaintiff
further argues that it has not yet received core technical documents that they requested
from Defendant and its source code (in the form agreed upon by the parties). Plaintiff
also agues that without such information, it is unable to fully respond to Defendant’s
interrogatory no. 15. Lastly, Plaintiff argues that Defendant agreed to provide to Plaintiff
in June 2013, the core technical documents and source code which have not been
produced.
Accordingly, it is FURTHER ORDERED that Defendant provide to Plaintiff the
core technical documents and its [Defendant’s] source code (in the form agreed upon by
the parties) on or before August 29, 2014.
It is FURTHER ORDERED that Plaintiff shall fully respond to Defendant’s
interrogatory No. 15 on or before September 15, 2014.
It is FURTHER ORDERED that each party shall pay their own attorney fees and
costs for the subject motion (docket no. 107) finding that it would be unjust under the
facts and circumstances presented here to award expenses. See Fed. R. Civ. P.
37(d)(3).
Date:
August 11, 2014
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