T-Mobile USA Inc v. Huawei Device USA Inc et al

Filing 416

ORDER denying defendant's #405 Motion for Leave to Depose by Judge Richard A Jones.(RS) Modified on 4/18/2017/cc OptoFidelity, LLC (RS).

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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T-MOBILE USA, INC.,

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Plaintiff,
v.

Case No. C14-1351-RAJ
ORDER

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HUAWEI DEVICE USA, INC., et al.,

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Defendants.

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This matter comes before the Court on Defendant Huawei Device USA, Inc.’s

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Motion for Leave to Depose. Dkt. # 405. Plaintiff T-Mobile USA, Inc. opposes

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Defendant’s Motion. Dkt. # 409.

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Defendant alleges that Plaintiff’s expert, Ryan Sullivan, intends to offer opinions

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at trial that were not properly disclosed. However, these opinions have previously been

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adequately explained. See Dkt. ## 285-9, 330-2, 411. Moreover, Defendant was not

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diligent in acting on this issue. The Court finds it wholly inappropriate for Defendant to

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raise this issue—styling it as a “new” argument—on the eve of trial. The Court reminds

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the parties that they may not try this case by ambush or surprise. Finally, granting this

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motion would severely prejudice Plaintiff in light of Defendant’s delay and last minute

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ORDER – 1

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efforts to reopen discovery. Accordingly, the Court DENIES Defendant’s Motion. Dkt.
# 405.
DATED this 18th day of April, 2017.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER – 2