EmCyte Corp. v. Apex Biologix et al

Filing 107

ORDER granting 67 Motion to Compel Interrogatory Answers; denying 71 Motion for Protective Order re the Deposition of Anna Stahl; granting in part and denying in part 73 Motion to Compel Document Production; denying 75 Motion to Stay Discovery Pending Resolution of Defendants' Motion to Dismiss; denying 76 Motion to Stay Ruling on Plaintiff's Motion to Compel Pending Resolution of Defendants' Motion to Dismiss; granting 78 Expedited Motion to Compel the Deposi tion of Anna Stahl; and granting 97 Motion for Enlargement of Time. The Court will enter a second amended case management and scheduling order separately. The parties will confer and resolve any outstanding issues concerning their confidentiality agreement by April 20, 2021. The parties will schedule Ms. Stahl's deposition to be completed by May 29, 2021. The requests for an award of attorneys' fees and costs are denied. See Order for further details. Signed by Magistrate Judge Nicholas P. Mizell on 3/31/2021. (brh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

EMCYTE CORP.,
Plaintiff,
v.

Case No. 2:19-cv-769-JES-NPM

XLMEDICA, INC. and
ANNA STAHL,
Defendants.
ORDER
In this trademark infringement and unfair competition action, EmCyte Corp.
sues former employee Anna Stahl and her “one-woman shop” (to quote defense
counsel) XLMedica, Inc. The parties filed multiple papers related to discovery and
scheduling disputes. The Court held a hearing on March 30, 2021, to resolve these
matters and to set new case-management deadlines.
For the reasons and as stated in more detail on the record during the March 30
hearing:
(1)

Defendants’ Motion to Stay Discovery Pending Resolution of
Defendants’ Motion to Dismiss (Doc. 75) is DENIED.

(2)

Defendants’ Motion to Stay Ruling on Plaintiff’s Motion to Compel
Pending Resolution of Defendants’ Motion to Dismiss (Doc. 76) is
DENIED.

(3)

Plaintiff’s Motion to Compel Interrogatory Answers (Doc. 67) is
GRANTED. The parties will confer and resolve any outstanding issues
concerning their confidentiality agreement by April 20, 2021.

(4)

Plaintiff’s Motion to Compel Document Production (Doc. 73) is
GRANTED in part and DENIED in part.

(5)

By April 29, 2021, Defendants will fully respond to the discovery
requests as directed during the hearing.

(6)

Defendants’ Motion for Protective Order re the Deposition of Anna
Stahl (Doc. 71) is DENIED.

(7)

Plaintiff’s Expedited Motion to Compel the Deposition of Anna Stahl
(Doc. 78) is GRANTED. The parties will schedule Ms. Stahl’s
deposition to be completed by May 29, 2021.

(8)

The Motion for an Enlargement of Time (Doc. 97) is GRANTED. The
Court will enter a second amended case management and scheduling
order separately.

(9)

The requests for an award of attorneys’ fees and costs are DENIED.

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DONE and ORDERED in Fort Myers, Florida on March 31, 2021.

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