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).

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HONORABLE RICHARD A. JONES 1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 11 T-MOBILE USA, INC., 12 13 Plaintiff, v. Case No. C14-1351-RAJ ORDER 14 HUAWEI DEVICE USA, INC., et al., 15 Defendants. 16 17 This matter comes before the Court on Defendant Huawei Device USA, Inc.’s 18 Motion for Leave to Depose. Dkt. # 405. Plaintiff T-Mobile USA, Inc. opposes 19 Defendant’s Motion. Dkt. # 409. 20 Defendant alleges that Plaintiff’s expert, Ryan Sullivan, intends to offer opinions 21 at trial that were not properly disclosed. However, these opinions have previously been 22 adequately explained. See Dkt. ## 285-9, 330-2, 411. Moreover, Defendant was not 23 diligent in acting on this issue. The Court finds it wholly inappropriate for Defendant to 24 raise this issue—styling it as a “new” argument—on the eve of trial. The Court reminds 25 the parties that they may not try this case by ambush or surprise. Finally, granting this 26 motion would severely prejudice Plaintiff in light of Defendant’s delay and last minute 27 28 ORDER – 1 1 2 3 efforts to reopen discovery. Accordingly, the Court DENIES Defendant’s Motion. Dkt. # 405. DATED this 18th day of April, 2017. 4 A 5 6 The Honorable Richard A. Jones United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER – 2

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