Addiction & Detoxification Institute, LLC v. Aharonov et al

Filing 20

ORDER denying 17 Motion to Stay Proceedings. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ADDICTION & DETOXIFICATION
INSTITUTE, L.L.C.,

Case No. 14-10026

Plaintiff,

Honorable John Corbett O’Meara

v.
JULIA AHARONOV, JOSEPH A. GEORGE, and
MDS DRUG DETOX CLINIC,
Defendants.
/
ORDER DENYING DEFENDANTS’ MOTION TO STAY
This matter came before the court on Defendants’ June 5, 2014 motion to stay proceedings.
Plaintiff filed a response June 18, 2014; and Defendants filed a reply June 23, 2014. No oral
argument was heard.
Defendants seek an order staying the proceedings in this matter until conclusion of a 2011
case1 currently pending in the United States District Court for the Northern District of Illinois
involving the same plaintiff and same patent at issue in this lawsuit. Defendants contend that the
Epperly case “has had significant discovery and is currently involved in a Markman claim
construction proceeding where the scope and meaning of the ‘411 patent claims will be determined.”
Defs’ mot. at 1. Defendants further contend, “Decisions in that case will have a significant bearing
on the issues in the present case, and it is reasonable to stay the present litigation until the Epperly
case is resolved.” Id.

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Addiction & Detoxification Institute, L.L.C. v. Epperly, No. 11-05947 (N.D. Ill., filed Aug. 26,
2011).

However, it appears as though the Epperly case itself is not moving forward. Plaintiff ADI
informs the court that the claim construction proceedings are stayed in that case, and there is no
scheduling order or trial date set. In addition, at the time of filing this motion, defense counsel in
Epperly had withdrawn from the case.
Accordingly, it is hereby ORDERED that Defendants' June 5, 2014 motion to stay
proceedings is DENIED.

s/John Corbett O'Meara
United States District Judge
Date: August 21, 2014

I hereby certify that a copy of the foregoing document was served upon counsel of record on
this date, August 21, 2014, using the ECF system.

s/William Barkholz
Case Manager

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