Bytemark, Inc. v. Xerox Corp. et al
Filing 188
ORDER granting 170 Letter Motion for Leave to File Document; granting in part and denying in part 173 Motion to Quash; terminating 175 Letter Motion for Conference re: 170 LETTER MOTION for Leave to File Motion for Summary Judgment as to New Jersey Transit addressed to Judge Paul G. Gardephe from Ashley N. Moore dated May 9, 2022., 173 MOTION to Quash Defendants' Subpoena of Third Party Jennifer Meredith and for a Protective Order., 175 LETTER M OTION for Conference addressed to Judge Paul G. Gardephe from Dariush Keyhani dated July 8, 2022., 176 LETTER MOTION to Compel Bytemark Inc. to Confer and for the court to Strike Dkt. 175 addressed to Judge Paul G. Gardeph e from Jonathan Powers dated July 11, 2022., 179 MOTION to Seal Exhibit 3 to Defendants' Response in Opposition to Third-Party Jennifer Meredith's Motion to Quash Subpoena and For Protective Order., 181 MOTION to Stay pending the courts ruling on the eleventh amendment immunity. ; denying 176 Letter Motion to Compel; denying without prejudice 179 Motion to Seal; granting in part and denying in part 181 Motion to Stay re: 170 LETTER MOT ION for Leave to File Motion for Summary Judgment as to New Jersey Transit addressed to Judge Paul G. Gardephe from Ashley N. Moore dated May 9, 2022., 173 MOTION to Quash Defendants' Subpoena of Third Party Jennifer Meredith and for a Protective Order., 175 LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Dariush Keyhani dated July 8, 2022., 176 LETTER MOTION to Compel Bytemark Inc. to Confer and for the court to Stri ke Dkt. 175 addressed to Judge Paul G. Gardephe from Jonathan Powers dated July 11, 2022., 179 MOTION to Seal Exhibit 3 to Defendants' Response in Opposition to Third-Party Jennifer Meredith's Motion to Quash Subpoena and For Protective Order., 181 MOTION to Stay pending the courts ruling on the eleventh amendment immunity. Having considered the parties' requests, this Court hereby orders as follows: New Jersey Transit's motion to stay (Dkt. No. 181) is granted, with the exception that discovery on the limited issue of New Jersey Transit's sovereign immunity will be permitted. Discovery on this limited issue shall conclude within 60 days - no later than September 23, 2022. The following briefing schedule will apply to New Jersey Transit's motion for summary judgment: New Jersey Transit's motion is due on October 14, 2022; Plaintiff's opposition papers are due on November 4, 2022; and New Jersey Tran sit's reply, if any, is due on November 11, 2022. As to Plaintiff's motion to quash (Dkt. No. 173), this motion is granted to the extent that all discovery relating to Plaintiff's alleged inequitable conduct underlying Defendants� 39; Counterclaim V and Twelfth Affirmative Defense (see Pltf. Motion to Dismiss (Dkt. No. 161)) is stayed pending the Court's decision on Plaintiff's motion at Docket Number 161. As to Defendants Xerox's and Conduent's motion t o seal (Dkt. No. 179), this motion is denied without prejudice. By July 27, 2022, Defendants Xerox and Conduent may refile their motion with an attached attorney declaration setting forth the particularized allegations justifying such relief. Defe ndants' application must be supported by applicable case law, including citations to Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). As to the remaining discovery issues discussed in Plaintiff's July 8, 2022 Let ter (Dkt. No. 175; see also Pltf. July 11, 2022 Ltr. (Dkt. No. 177); Pltf. July 20, 2022 Ltr. (Dkt. No. 187)), the parties are directed to meet and confer to discuss any possible joint resolution of these issues. If the parties are unable to reso lve the disputes set forth in these letters, they are to file a jointly composed letter of no more than five pages by July 28, 2022. Defendants' motion to strike (Dkt. No. 176) is denied. The Clerk of Court is directed to terminate the motions at Docket Numbers 170, 173, 175-76, 179,181. (Signed by Judge Paul G. Gardephe on 7/21/2022) (ate)
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