EON Corp. IP Holdings LLC v. FLO TV Incorporated et al

Filing 771

ORDER ADOPTING 605 Rulings and Recommendations of the Special Master (see Order for further details). Signed by Judge Richard G. Andrews on 12/9/2013. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EON CORP. IP HOLDINGS LLC,
Plaintiff,
Civil Action No. 10-812-RGA

V.

FLO TV INCORPORATED, et al.,
Defendants.

ORDER

The Special Master has issued a "Rulings and Recommendations" (D.I. 605), to which
objections have been taken. (D.I. 613, 614, 715, 717). The Special Master's decisions are
subject to de novo review.
All objections are overruled. The Plaintiffs objections do not discuss the Special
Master's Pennypack analysis. I agree with, and therefore adopt, the Special Master's Pennypack
analysis.
The Defendants' objections are also not well taken. Their main claim is surprise and
prejudice from not being able to do third-party discovery from Facebook and Twitter. I cannot
fully evaluate the prejudice claim, but I believe there is sufficient time for Defendants to conduct
third-party discovery from Facebook and Twitter. I therefore permit them to conduct such
discovery, and direct that they undertake such discovery expeditiously.
The Special Master's Rulings and Recommendations (D.I. 605) are thus ADOPTED as

the rulings of the Court, and the pending motions (D.I. 599, 600) which it addresses are
RESOLVED as indicated therein.