Konica Minolta Business Solutions, U.S.A., Inc. v. Applied Imaging Systems, Inc. et al

Filing 401

ORDER Overruling 394 Objection Without Prejudice. Signed by District Judge Victoria A. Roberts. (LVer)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
SOUTHERN DIVISION
KONICA MINOLTA BUSINESS
SOLUTIONS, U.S.A., INC.,
Plaintiff,
v.

Case No. 15-11254
Honorable Victoria A. Roberts
Magistrate Judge Elizabeth A. Stafford

LOWERY CORPORATION d/b/a APPLIED
IMAGING SYSTEMS, INC., et al.,
Defendants.
___________________________________/
ORDER OVERRULING OBJECTION [ECF No. 394] WITHOUT PREJUDICE
On June 21, 2019, Magistrate Judge Elizabeth A. Stafford entered an order
granting in part and denying in part Plaintiff’s motion to compel. In relevant part, Judge
Stafford held that no more requests for production of documents or interrogatories will be
permitted except for discrete requests as follow-ups to depositions.
On July 5, 2019, the Individual Defendants filed an objection to that provision of
the order; they say the limit on discovery should not apply to them, but only Applied
Imaging, and they should be allowed to continue to submit requests for production and
interrogatories to Plaintiff as they deem necessary.
In their objection, the Individual Defendants “submit that Judge Stafford likely did
not intend for the Order to apply to them, but that [it] is unclear as written.”
Based on this statement, the Court finds that the appropriate action would be for
the Individual Defendants to file a motion for clarification from Magistrate Judge Stafford.
If Individual Defendants disagree with the clarification, they may renew their objection.

If the Individual Defendants file renewed objections, they must set forth with
particularity all written discovery they believe is outstanding and/or that they wish to
request from Plaintiff. The deadline for fact discovery has passed. Discovery has been
extended many times. Although Magistrate Judge Stafford is allowing depositions to
proceed beyond the deadline and discrete post-deposition written discovery, this does
not justify a broad license to continue fact discovery indefinitely. It is time for this case to
proceed to the next stages, and Magistrate Judge Stafford’s limit on continued fact
discovery appears reasonable. The Individual Defendants must make a substantial
showing for this Court to find otherwise.
The Individual Defendants’ objection is OVERRULED WITHOUT PREJUDICE.
IT IS ORDERED.
S/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: July 16, 2019

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