Versata Software, Inc., et al v. Ford Motor Company

Filing 441

ORDER on Motion Hearing. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FORD MOTOR COMPANY,
Plaintiff,

Case No. 15-cv-10628
(consolidated with Case No. 15-11624)
Hon. Matthew F. Leitman

v.
VERSATA SOFTWARE, INC. et al.
Defendants.
_________________________________/

ORDER ON MOTION HEARING
On March 9, 2018, the Court held a hearing on the following filings in this
action:
 Defendants’ motion to modify the case caption (ECF #338);
 Plaintiff’s objection (ECF #390) to the Special Master’s Report and
Recommendation recommending that Defendants be allowed to take
the deposition of Elena Ford (ECF #376); and
 Defendants’ objection (ECF #385) to the Special Master’s Report and
Recommendation recommending that the Court strike the expert reply
reports of Defendants’ experts Drs. Shamos and Malek (ECF #375).
For the reasons stated on the record at the hearing, IT IS HEREBY
ORDERED as follows:

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 Defendants’ motion to modify the case caption (ECF #338) is TAKEN
UNDER ADVISEMENT;
 Plaintiff’s objection (ECF #390) to the Special Master’s Report and
Recommendation recommending that Defendants be allowed to take
the deposition of Elena Ford (ECF #376) is SUSTAINED. Defendants
shall not take the deposition of Elena Ford; and
 Defendants’ objection (ECF #385) to the Special Master’s Report and
Recommendation recommending that the Court strike the expert reply
reports of Defendants’ experts Drs. Shamos and Malek (ECF #375) is
SUSTAINED IN PART AND TAKEN UNDER ADVISEMENT IN
PART. With respect to the expert reply report of Dr. Shamos, the Court
SUSTAINS IN PART Defendants’ objection. Dr. Shamos will be
allowed to testify at trial. However, Drs. Shamos and Malek will not
be allowed to address the same public disclosure references.

In

addition, Defendants shall make Dr. Shamos available for an additional
3.5 hours of deposition that shall be limited to the content of his reply
expert report. With respect to the expert reply report of Dr. Malek, the
Court TAKES UNDER ADVISEMENT Defendants’ objection
pending its decision on whether to allow claims and defenses related to
PDOR2 to be raised in this case. By no later than March 21, 2018, the
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parties shall file on the docket proposals with respect to how the Court
should rule on that question and how the inclusion (or exclusion) of
PDOR2 should affect the case calendar.
IT IS SO ORDERED.

Dated: March 9, 2018

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on March 9, 2018, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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