Case No.: C 11-1846 LHK (PSG)ORDER GRANTING APPLE’S MOTION TO COMPEL
U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
new experts. And, if the court decides that depositions at this late stage are appropriate, Samsungwants Apple to produce four of its experts for a new round of depositions.
In its reply, Apple argues that its previously undisclosed expert is not really a “new” expert,but rather the co-worker of an expert who is unavailable for declarations at this time due to severeillness.
Apple further asserts that Samsung’s failure to object in its opposition to Apple’s expertsand the topics they cover in their declarations should preclude it from asking for further discoverynow.
Samsung responds that it did not contemplate post-trial discovery, but because Apple seeksit now, Samsung should be afforded the same opportunity.
To seek discovery after the deadlines set in the scheduling order, Apple must show goodcause pursuant to Fed. R. Civ. P. 16(b). The focus of the good cause inquiry in the Rule 16(b)context is the “diligence of the party seeking the modification,” in particular whether the party was“diligent in assisting the [c]ourt to create a workable schedule at the outset of litigation,” whether“the scheduling order imposes deadlines that have become unworkable notwithstanding its diligentefforts to comply” and whether the party was “diligent in seeking the amendment once it becameapparent that extensions were necessary.”
The court finds that Apple was diligent in its pursuit of the new discovery because it movedthe court shortly after receiving Samsung’s opposition. The court also finds persuasive Samsung’salternative argument that it too should be allowed to depose Apple’s experts. As Judge Kohrecently noted, Apple’s motion to permanently enjoin the sale of twenty-six of Samsung’s products
Apple objects to this request in its proposed reply brief as an improper cross-motion to which itshould have an opportunity to respond.
Docket No. 2100.
Docket No. 2100.
Docket No. 2103.
Adobe Systems Inc. v. Coffee Cup Partners, Inc.
, No. C 11-2243 CW, 2012 WL 3877783, at *6(N.D. Cal. Sept. 6, 2012) (citing
, 975 F.2d at 609).
Case5:11-cv-01846-LHK Document2105 Filed10/29/12 Page3 of 5