Viva Healthcare Packaging Ltd et al v. CTL Packaging USA Inc et al

Filing 74

ORDER denying 70 Motion to Compel Supplementation of Plaintiffs' Local Patent Rule 3.1 Disclosures and Stay Defendants' Local Patent Rule 3.3 Invalidity Contentions; Further Ordered that within fifteen (15) days of the entry of this Order, the parties shall submit an updated certification of initial attorneys conference and discovery plan. Signed by Magistrate Judge David S. Cayer on 3/3/2014. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
VIVA HEALTHCARE PACKAGING LTD, et. al.,
Plaintiffs,
v.
CTL PACKAGING USA INC, et. al.,
Defendants.

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) No. 3:13-cv-00569-MOC-DSC
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ORDER
THIS MATTER is before the Court on Defendant and Counterclaim Plaintiff’s “Motion
to Compel Supplementation of Plaintiff’s Local Patent Rule 3.1 Disclosures …” (document #70)
and the parties’ briefs and exhibits. See documents ## 70-1 through 70-9, and 72-73.
The Court has carefully considered the record, authorities and the parties’ arguments.
The Court has not yet entered a scheduling order in this matter. For this reason and the other
reasons stated in Plaintiff’s briefs, the Court will exercise its discretion and deny the Motion.
THEREFORE, IT IS ORDERED that:
1.

Defendant and Counterclaim Plaintiff’s “Motion to Compel Supplementation of

Plaintiff’s Local Patent Rule 3.1 Disclosures …” (document #70) is DENIED.
2. Within fifteen (15) days of the entry of this Order, the parties shall submit an updated
certification of initial attorneys conference and discovery plan.
3. The Clerk is directed to send copies of this Order to counsel for the parties; and to the
Honorable Max O. Cogburn, Jr.
SO ORDERED.

Signed: March 3, 2014