CoStar Realty Information, Inc v. CIVIX-DDI LLC
Filing
93
MEMORANDUM Opinion and Order. Signed by the Honorable James F. Holderman on 2/6/213. Notice mailed by judge's staff (ntf, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
COSTAR REALTY INFORMATION, INC.,
)
)
Plaintiff,
)
)
v.
)
)
CIVIX-DDI, LLC,
)
)
Defendant.
)
_________________________________________ )
This order pertains to:
)
)
CIVIX-DDI, LLC,
)
)
Plaintiff,
)
)
v.
)
)
LOOPNET, INC.,
)
)
Defendant.
)
No. 12 C 4968
Consolidated with:
No. 12 C 7091
No. 12 C 8632
No. 12 C 7091
MEMORANDUM OPINION AND ORDER
JAMES F. HOLDERMAN, Chief Judge:
Patent holder CIVIX-DDI, LLC (“CIVIX”) has sued defendant Loopnet, Inc. (“Loopnet”)
for patent infringement. In its answer and counterclaim, Loopnet asserted as a defense that its
alleged infringement is covered by a license, and sought a declaratory judgment that it is licensed.
(Case No. 12 C 7091, Dkt. No. 8.) Following the transfer of the case that has become Case No. 12
C 7091 to the Northern District of Illinois from the Eastern District of Virginia, Loopnet filed a
motion to amend its answer and counterclaims, seeking to add a claim for breach of contract
alleging that CIVIX breached the license when it sued Loopnet for infringement. (Case No. 12 C
7091, Dkt. No. 107.) That motion is now pending before this court.
Under Fed. R. Civ. P. 15(a)(2), the court “should freely give leave when justice so
requires.” Here, the court entered a new scheduling order on January 29, 2013. (Dkt. No. 83.)
Under that new schedule, CIVIX has ample time to conduct discovery on the new claim, and will
thus suffer no prejudice from the amendment. CIVIX challenges the amendment by asserting that
Loopnet has refused to provide it any information about the basis of its license defense and
counterclaim, despite CIVIX’s discovery request for that information. CIVIX has ample time to
acquire that information, because discovery is ongoing until July 5, 2013. (Dkt. No. 83.) In
addition, if necessary, following a L.R. 37.2 conference, CIVIX may file a motion to compel
Loopnet to produce the information it requests. Loopnet’s delay in responding provides no reason
to deny the motion to amend.
CONCLUSION
For the reasons stated above, the court grants Loopnet’s “Motion for Leave to File First
Amended Answer and Counterclaim.” (Case No. 12 C 7091, Dkt. No. 106.) Loopnet shall file its
amended answer and counterclaim on or before 2/13/13.
ENTER:
_______________________________
JAMES F. HOLDERMAN
Chief Judge, United States District Court
Date: February 6, 2013
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?