Accusoft Corporation v. Quest Diagnostics et al

Filing 316

Magistrate Judge David H. Hennessy: ORDER entered granting in part and denying in part 266 Motion to Compel Responses to Plaintiffs First and Second Sets of Interrogatories and First and Second Requests for Production by Accusoft Corporation. (Belpedio, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

ACCUSOFT CORPORATION,
Plaintiff,

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)
)
v.
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QUEST DIAGNOSTICS, INC.,
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and MEDPLUS, INC.,
)
Defendants.
)
______________________________)

CIVIL ACTION
NO. 12-cv-40007-TSH

ORDER
January 13, 2014
Hennessy, M.J.
Pursuant to 28 U.S.C. § 636(b)(1)(A), and orders of referral (Dockets #278, 294), I make
this Order following a January 10, 2014 hearing before me on Plaintiff’s Motion to Compel
(Document #266), attended by both parties. In the several months that have passed since
Plaintiff filed its motion, Defendants have served additional discovery, the parties have filed
numerous pleadings at the Court’s direction, and the parties have attended two hearings -- all in
an attempt to narrow and clarify the areas of dispute. The result of this effort is that Plaintiff’s
motion is granted-in-part and denied-in-part, consistent with the Court’s oral orders during the
January 10, 2014 hearing. With respect to those matters that the Court granted, Defendants shall,
on or before January 24, 2014, file with the Court an affidavit, attested to by a corporate officer
or agent, answering interrogatories or identifying specific, responsive documents.
At the January 10, 2014 hearing, after considering the motion to compel, the Court
addressed outstanding discovery issues identified by Plaintiff in its Discovery Status Report
(Document #306). Consistent with the discussion and oral orders made at today’s hearing, the
following schedule shall be in effect:
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02/28/14

Deadline for completion of fact discovery

03/28/14

Deadline to exchange expert reports on issues upon which the party bears
the burden of proof

04/25/14

Deadline to exchange rebuttal reports

05/23/14

Deadline for completion of expert discovery

06/13/14

Deadline for filing dispositive motions

Conclusion
Accordingly, Plaintiff’s Motion to Compel (Document #266) is granted-in-part and
denied-in-part consistent with the oral orders at the January 10, 2014 hearing. Further, on or
before January 24, 2014, Defendants shall file the aforementioned affidavit responsive to the
motion to compel. Lastly, the Scheduling Order is amended as follows: fact discovery closes on
2/28/14; expert reports on issues upon which the party bears the burden of proof shall be
exchanged by 3/28/14; rebuttal expert reports shall be exchanged by 4/25/14; expert discovery
closes on 5/23/14; dispositive motions shall be filed by 6/13/14.

So ordered,
/s/ David H. Hennessy
David H. Hennessy
United States Magistrate Judge

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