Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Filing 40

ORDER granting in part 29 Motion to Compel and for Sanctions - Signed by Magistrate Judge Virginia M Morgan. (JJoh)

Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Doc. 40

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

WEATHERUNDERGROUND, INC., Plaintiff, v. NAVIGATION CATALYST SYSTEMS, INC., Defendant.1 ________________________________/ ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL DISCLOSURES AND FOR SANCTIONS (D/E #29) This matter comes before the court on plaintiff's "Motion for an Order Compelling Disclosure and for Sanctions for Defendant's Failure to File Adequate Initial Disclosures as required under Fed. R. Civ. P. 26(a)" (D/E #29). Defendant filed a response in opposition to that motion (D/E #34) and this court heard oral arguments on February 11, 2010. For the reasons stated on the record at that hearing, this court orders that plaintiff's motion is GRANTED and that defendant must provide its full and complete initial disclosures by February 26, 2010. If defendant fails to do so, then this court will recommend that defendant be sanctioned and prohibited from using any witness or document that was not properly disclosed. This court also orders that, if the parties are unable to agree on a protective order by February 19, 2010, then the All of the other defendants named in the complaint; Basic Fusion, Inc., Connexus, Corp., and Firstlook, Inc., have been dismissed due to a lack of personal jurisdiction (D/E #29).
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CIVIL ACTION NO. 09-10756 DISTRICT JUDGE MARIANNE O. BATTANI MAGISTRATE JUDGE VIRGINIA M. MORGAN

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parties are to submit proposed protective orders to this court and one will be entered. SO ORDERED.

S/Virginia M. Morgan Virginia M. Morgan United States Magistrate Judge Dated: February 16, 2010

PROOF OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record via the Court's ECF System and/or U. S. Mail on February 16, 2010. s/Jane Johnson Case Manager to Magistrate Judge Virginia M. Morgan