The defendant sought leave to supplement its invalidity contentions.
Judge Jordan previously struck the plaintiff’s notice of partial voluntary dismissal under FRCP 41(a) as improper, but denied this request for a broader dismissal.
BMW sought dismissal on improper venue grounds, arguing that local BMW dealerships were not its agents.
This is the second denial of a motion to stay in this case in the last two weeks. One might say the court’s position was … set in concrete?
The issue here is whether the customer defendant’s affirmative defenses would be dismissed with or without prejudice following settlement of the action against the manufacturer.
Last week I wrote about stays in Waco – this week we have even more rulings on motions to stay in Marshall to analyze.
Some judges provide these because they believe it helps focus claim constructions hearings. Add one more to the list (at least partially).
This order resolved six motions to compel by the plaintiff and two motions to compel by the defendant.
A witness’ positive status did not result in a brief trial continuance. The facts explain why.
A witness’ positive status resulted in a brief trial continuance.