International IP Holdings, LLC et al v. Green Planet, Inc.

Filing 51

ORDER granting in part and denying in part 44 Plaintiff's Motion to Amend/Correct Discovery Deadline and Extending Discovery to 9/30/2014. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

INTERNATIONAL IP HOLDINGS, LLC, and
INNOVATION VENTURES, LLC,
Plaintiffs,
Case No. 13-13988
v.
GREEN PLANET, INC.,
Defendant.
/
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO
AMEND/CORRECT DISCOVERY DEADLINE
On August 4, 2014, the court held an on-the-record telephonic motion hearing
regarding Plaintiffs’ “Motion to Amend/Correct Discovery and Trial Plan.” The court
corrected Plaintiffs’ mistaken impression that the court’s scheduling order contemplated
a bifurcated trial, and reiterated that only discovery is phased. Following the parties’
completion of discovery into the likelihood-of-confusion factors, the court anticipates that
Defendant will renew its motion for summary judgment. If the motion is denied, the
court will allow further discovery into damages before proceeding to trial. If the motion
is granted, the court anticipates that much (if not all) of the case will be resolved. The
court also considered Plaintiffs’ arguments that a six-month extension of the current
four-month period of discovery is necessary; Defendants argued that a more limited
extension is appropriate. For the reasons more fully stated on the record,
IT IS ORDERED that Defendants’ “Motion to Amend/Correct Discovery Deadline”
is GRANTED IN PART. The court’s discovery deadline will be extended until

September 30, 2014. However, discovery will remain limited to the likelihood-ofconfusion factors, as contemplated in the court’s April 18, 2014, opinion and order.
(Dkt. # 35, Pg. ID 574–75.) The remainder or Plaintiffs’ motion is DENIED.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: August 5, 2014

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, August 5, 2014, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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