Navistar, Inc. et al v. Pure Power, LLC

Filing 28

ORDER ( Discovery due by 3/19/2013, Dispositive Motions due by 4/18/2013). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

NAVISTAR, INC.; PURE POWER
TECHNOLOGIES, LLC; and
INTERNATIONAL ENGINE
INTELLECTUAL PROPERTY
COMPANY, LLC,

Case No. 4: 12-CV-013-BLW
ORDER

Plaintiff,
v.

PURE POWER, LLC,
Defendant.

The Court’s Law Clerk held a telephone conference with all counsel concerning a
discovery dispute on November 9, 2012. The parties reached agreement on some matters while
other issues were left to be resolved by motion.
The dispute arose because defense counsel failed to communicate with plaintiffs’
counsel, and has either failed to file discovery responses or filed them late. The plaintiffs argue
that their requests for admission should be deemed admitted and that they should be awarded the
costs and fees they incurred in preparing for, and participating in, the conference held today.
Plaintiffs also ask that any objections to their interrogatories be deemed waived because no
objections were timely made.
The Court will authorize plaintiffs to file separate motions to (1) deem their requests
Order - 1

admitted and defendant’s objections waived, and (2) be awarded their costs and fees. Because
the parties did reach agreement on a ten-day extension to file some discovery responses, the
plaintiffs may want to wait to file their motion for costs and fees to see if defense counsel
complies with that new deadline. The Court will leave the timing of the motion up to plaintiffs’
counsel. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED, that defendant shall file on or before
November 19, 2012, the following: (1) initial disclosures; (2) written responses to plaintiffs’
requests for production and interrogatories; and (3) all documents responsive to plaintiffs’
outstanding requests for production.
IT IS FURTHER ORDERED, that the plaintiffs are authorized to file motions on the
issues discussed above concerning the requests for admission, objections to interrogatories, and
costs and fees. The Court will leave the timing of those filings to the plaintiffs.
IT IS FURTHER ORDERED, that the remaining deadlines in the Case Management
Order (docket no. 19) be extended as follows: (1) all discovery shall be completed on or before
March 19, 2013; (2) plaintiffs shall disclose the experts they intend to call at trial on or before
January 19, 2013; (3) defendant shall disclose the experts they intend to call at trial on or before
February 19, 2013; (4) all rebuttal experts shall be identified on or before March 3, 2013; and (5)
dispositive motions shall be filed on or before April 18, 2013. All other provisions of the Case
Management Order (docket no. 19) shall remain in full force and effect.

Order - 2

DATED: November 9, 2012

B. LYNN WINMILL
Chief Judge
United States District Court

Order - 3