Zak v. Facebook, Inc.

Filing 101

ORDER GRANTING 80 Motion to Reopen Discovery, 99 Motion to Stay. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRUCE ZAK,

4:15-cv-13437
Plaintiff,
HON. TERRENCE G. BERG

v.
FACEBOOK, INC.,

ORDER GRANTING MOTION
TO REOPEN DISCOVERY,
MOTION TO STAY

Defendant.

This is a patent-infringement case. Plaintiff Bruce Zak alleges that
Defendant Facebook, Inc. has infringed U.S. Patent No. 9,141,720,
named “System and Method for Managing Content on a Network
Interface.” The parties are now before the Court on Facebook’s motion to
dismiss this case based on alleged litigation misconduct by Zak or, in the
alternative, to reopen discovery. ECF No. 80. Facebook has also filed a
motion to stay this case pending resolution of the motion to dismiss or to
reopen discovery. ECF No. 99. For the reasons stated on the record
during a March 2, 2020 telephone conference with the parties, Facebook’s
motion to dismiss or reopen discovery is granted in the alternative. The
Court will allow the parties three months, or until June 15, 2020, to
complete additional fact discovery on evidence of prior publications,
offers for sale, public disclosures or uses of Zak’s software, and any other
matters discussed during the telephone conference. To facilitate the
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successful completion of such discovery, the Court will grant Defendant’s
motion to stay this matter for the three-month period during which
discovery is taking place.
Accordingly, Facebook’s motion to dismiss based on litigation
misconduct or, in the alternative, to reopen discovery (ECF No. 80) is
GRANTED IN THE ALTERNATIVE. Facebook’s motion to stay this
matter pending completion of supplemental discovery (ECF No. 99) is
also GRANTED. The Court will set new deadlines for completion of
expert reports and expert discovery during the telephonic status
conference currently scheduled for June 15, 2020 at 10:00 a.m. Eastern
Time.
SO ORDERED.

Dated: March 10, 2020

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

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