MSC.Software Corporation v. Altair Engineering, Incorporated et al

Filing 525

ORDER Granting 454 Motion. Signed by District Judge Victoria A Roberts. (LVer)

MSC.Software Corporation v. Altair Engineering, Incorporated et al

Doc. 525

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MSC.SOFTWARE CORPORATION, Plaintiff(s), v. ALTAIR ENGINEERING, INC., MARC KLINGER, ANDREA PERTOSA, STEPHAN KOERNER, TOM RIEDEMAN, RAJIV RAMPALLI MARK KRUEGER, and MICHAEL HOFFMAN, Defendant(s). / ORDER On June 10, 2008, Magistrate Judge Mona K. Majzoub entered an Opinion and Order Granting in Part and Denying in Part the Individual Defendants' Motion to Compel and Granting in Part and Denying in Part Altair's motion to Compel. The Magistrate Judge adopted the parties' Agreement Regarding Copying or Dissemination of Source Code. MSC filed objections. On November 9, 2009, MSC filed a "Motion to Require Production of Supplemental Repository and Development Materials." (Doc. #395). The Court referred MSC's objections and motion to Special Master Hollaar. On January 11, 2010, Special Master Hollaar recommended the Court DENY MSC's motion and its objections. On February 1, 2010, MSC filed "Objections to Special Master Hollaar's January 11, 2010 Report and Recommendation." 1 CASE NUMBER: 07-12807 HONORABLE VICTORIA A. ROBERTS

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On February 2, 2010, the Court struck MSC's objections as untimely, and adopted Special Master Hollaar's recommendation. Before the Court is MSC's "Motion for Reconsideration of and/or Relief from Order Adopting Special Master Hollaar's Report and Recommendations or, in the Alternative, for Enlargement of Time to File Objections." (Doc. #454). Fed. R. Civ. P. 60(b)(1) says: "On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for . . . mistake, inadvertence, surprise, or excusable neglect." "In exercising its discretion under Rule 60(b), this court may consider applicable principles of equity." Whitaker v. Associated Credit Services, Inc., 946 F.2d 1222, 1224 (6th Cir. 1991). The Court GRANTS MSC's motion. While a determination of MSC's objections on the merits may not change Special Master Hollaar's recommendations, a determination on the merits is favored. In addition, MSC's objections were not significantly late, the untimeliness of MSC's objections was not due to bad faith, and the delay does not have a significant impact on the proceedings. The Court will consider MSC's February 1, 2010 objections. Defendants have until July 12, 2010 to file a response, and MSC has until July 16, 2010 to reply. IT IS ORDERED. s/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: July 7, 2010

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The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on July 7, 2010. s/Linda Vertriest Deputy Clerk

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