Decision Support, LLC et al v. Election Systems & Software, Inc. et al

Filing 168

ORDER denying 163 Motion to Allow Limited discovery on New Claims Raised in Amended Complaint. Signed by District Judge Max O. Cogburn, Jr on 1/15/2013. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10CV190
DECISION SUPPORT, LLC; and
DAVID WATSON,

)
)
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Plaintiffs,
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Vs.
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ELECTION SYSTEMS & SOFTWARE,
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INC.; and DATACARD CORPORATION,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER is before the court on plaintiffs’ Motion to Allow Limited Discovery on
New Claims Raised in Amended Complaint. Plaintiffs request that the court postpone trial in
this matter an additional five months- two months for additional discovery and three months for
additional motions for summary judgment- with a proposed trial date of July 1, 2013.
The motion will be denied. According to an email provided to the court from plaintiffs’
counsel to defense counsel, plaintiffs have planned on bringing the new unfair competition
claims since at least April 14, 2012- ample time for discovery and trial preparation. ECF 154-9,
October 23, 2012. Furthermore, the similarities between the patent infringement claim and the
new unfair competition claims- namely, the true capabilities of defendants’ voting technologyobviate any further discovery. The parties will be free to make their motions for summary
judgment on the new unfair competition claims at the start of trial
This matter has lingered on the court’s docket for well over two years. Were the court to
postpone the trial to July, it will have been on the court’s docket for over three years before

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finally being resolved. At the October 4, 2012 status conference, the parties- well aware of the
new unfair competition claims- met and agreed upon a February 4 trial date. That date is
drawing near and this matter will proceed as scheduled.
IT IS, THEREFORE, ORDERED that plaintiffs’ Motion to Allow Limited discovery
on New Claims Raised in Amended Complaint (# 163) is DENIED.
Signed: January 15, 2013

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