DATATRAK International, Inc. v. Medidata Solutions, Inc.

Filing 42

Memorandum of Opinion and Order: This matter is before the Court upon plaintiff's Motion for Leave to File Motion for Reconsideration as to Limited Third Party Discovery (Doc. 37 ). The motion is DENIED. The Court further finds that defendant is not entitled to sanctions or an award of fees. Judge Patricia A. Gaughan on 1/26/12. (LC,S)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

Datatrak International, Inc.,
Plaintiff,
Vs.
Medidata Solutions, Inc.,
Defendant.

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CASE NO. 1:11 CV 458
JUDGE PATRICIA A. GAUGHAN

Memorandum of Opinion and Order

This matter is before the Court upon plaintiff’s Motion for Leave to File Motion for
Reconsideration as to Limited Third Party Discovery (Doc. 37). The motion is DENIED. In
order to seek reconsideration, plaintiff must show 1) an intervening change in controlling law; 2)
the existence of new evidence; or 3) a clear error of law or manifest injustice. Plaintiff’s motion
for leave does not satisfy any of these criteria. Rather, plaintiff simply reargues issues already
rejected by this Court. Specifically, plaintiff asks the Court to permit it to conduct “limited third
party discovery.” As grounds for this motion, plaintiff points out that certain users of
defendant’s technology are involved in clinical drug trials. Because federal regulations require
that terminated clinical trials need only maintain records for two years following termination,
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plaintiff claims that there is a “likelihood” that records might be destroyed. At best, the
arguments plaintiff presents are speculative. As defendant points out, these entities may indeed
have record retention policies requiring third parties to maintain records for a longer period of
time. Moreover, there is no suggestion that the drug trials are or will be terminating in the near
future. In any event, these arguments could have been made in the previous briefing submitted
by the parties. In sum, plaintiff presents no grounds justifying reconsideration. Plaintiff’s
motion for leave is DENIED.
The Court further finds that defendant is not entitled to sanctions or an award of fees.
IT IS SO ORDERED.

/s/ Patricia A. Gaughan
PATRICIA A. GAUGHAN
United States District Judge
Dated: 1/26/12

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