Apple, Inc. v. Motorola, Inc. et al
Filing
811
Order Of April 26, 2012. Signed by the Honorable Richard A. Posner on 4/26/2012: Mailed notice (am)
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
________________
APPLE INC. and NeXT SOFTWARE
)
INC. (f/k/a NeXT COMPUTER, INC.),
)
)
Plaintiffs,
) No. 1:11‐cv‐08540
)
v. )
) Judge Richard A. Posner.
MOTOROLA, INC. and MOTOROLA
)
MOBILITY, INC.,
)
)
Defendants.
)
ORDER OF APRIL 26, 2012
Apple’s motion to substitute Dr. Heegard for Dr. Cimini is denied. If the medical prob‐
lems of Dr. Cimini’s wife should turn out to justify his not testifying at trial, I am willing
to consider the substitution of Heegard for Cimini. But the motion to substitute is pre‐
mature: Dr. Cimini’s scheduling conflict remains in the “evaluating the possibility”
stage (to borrow Apple’s words), and until Cimini is deposed Motorola can’t reasonably
be expected to determine whether it would be prejudiced at trial by Apple’s proposed
substitution. Nor does Apple’s motion stop there; it also asks for the identical relief that
I denied three days ago: a prohibition against Motorola’s deposing Cimini. My order of
April 23 directed Apple to produce him for deposition whether or not it intended to
move to substitute Dr. Heegard for him at trial. Apple is now attempting to use the
medical problem of Cimini’s wife to block the deposition.
Apple filed the motion in violation of my Friday motion rule. Its excuse for the viola‐
tion—that Cimini is scheduled to be deposed on Friday, May 4—is disingenuous. Had
Apple filed its motion this Friday (tomorrow), Motorola would have responded on
Monday, April 30, and I would have ruled on it well in advance of the deposition. There
was no emergency.
No. 1:11‐cv‐08540 2
I deny the second half of Apple’s motion (seeking prohibition of the deposition) as frivo‐
lous and the first half (seeking substitution) as untimely. I’ve had my fill of frivolous fil‐
ings by Apple. The next such motion, and I shall forbid it to file any motions without
first moving for leave to file.
United States Circuit Judge
April 26, 2012
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