OPTOLUM INC. v. CREE INC.

Filing 166

MEMORANDUM OPINION AND ORDER, signed by JUDGE WILLIAM L. OSTEEN, JR on 12/28/2018, that Plaintiff's motion to compel, (Doc. 154 ), is GRANTED. FURTHER that Defendant shall serve Plaintiff with a statement of th e reasonable costs and expenses incurred in restoring the Mimosa System and an invoice payable by Plaintiff for one half of those costs and expenses. Such costs and expenses are not to include either attorney or non-attorney fees associated with an y review of recovered data or costs associated with Defendant's production to Plaintiff of such data. FURTHER that, within ten days of receiving such statement of reasonable costs and expenses, Plaintiff shall file with this court either: (1) a notice - indicating Plaintiff's agreement to pay its share of the costs and expenses, or (2) a memorandum of no more than five pages explaining why Plaintiff contests the reasonableness of the amount. FURTHER that, within five days of filing by Plaintiff of any memorandum contesting the reasonableness of the claimed expenses, Defendant shall file a response of no more than five pages. FURTHER that failure to comply with this Order shall result in the payment of the costs and expenses associated with restoring the Mimosa System by the non- complying party.(Taylor, Abby)