Blingville, LLC v. Zynga Inc. et al

Filing 24

ORDER granting in part and denying in part Defendant's 22 Motion to Extend Deadline for Expert Witness Disclosures. The deadline is extended to 1/8/2012 for the party with the burden and extended to 2/8/2012 for the party without the burden. Signed by Chief Judge John Preston Bailey on 11/14/2011. (tlg)

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THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA MARTINSBURG BLINGVILLE, LLC, a West Virginia Limited Liability Company, Plaintiff, v. Civil Action No. 3:11-CV-4 (BAILEY) ZYNGA GAME NETWORK INC., a Delaware corporation, and ZYNGA INC., a California corporation, Defendant. ORDER On this day, the above-styled matter came before the Court for consideration of the defendant’s Motion to Extend Deadline for Expert Witness Disclosures [Doc. 22], filed on October 28, 2011. On April 13, 2011, this Court issued a scheduling order, which listed a deadline of December 8, 2011, for the Plaintiff’s/Counter-Defendant’s disclosure of expert witnesses and a deadline of February 8, 2012, for the Defendant’s/Counter-Claimant’s disclosure of expert witnesses [Doc. 17 at 2-3]. In support of the motion, Zynga Game Network Inc. (“Zynga”) states that “an extension of thirty (30) days to each of the [expert witness disclosure] deadlines will be beneficial and necessary to the parties as discovery continues” [Doc. 22 at 1]. Zynga states that “Blingville, LLC[,] is in agreement regarding these requested extensions” [Id.]. Upon careful consideration, this Court finds good cause to extend the first expert witness disclosure; however, this Court finds that extension of the second expert witness 1 disclosure will impact other deadlines contained in the April 13, 2011, Scheduling Order [See Doc. 17 at 3, listing the Examinations/Inspections deadline as February 8, 2012]. As such, this Court GRANTS in part the defendant’s Motion to Extend Deadline of Expert Witness Disclosures [Doc. 22] and hereby ORDERS that the deadline for expert witness disclosure for the party bearing the burden of proof on an issue is extended to January 8, 2012. The deadline for expert witness disclosure for the party not bearing the burden of proof on an issue shall remain February 8, 2012. It is so ORDERED. The Clerk is directed to transmit copies of this Order to all counsel of record herein. DATED: November 14, 2011. 2

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