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Procapper Follies Continue!

I love this case -- endless discovery disputes, orders, revisions to orders, motions to revise orders, fights over just about anything (except the merits) -- isn't complex commercial litigation grand?
Because Patheon’s counsel was only advising Mullen to abide by the Stipulated Confidentiality Order, under which there is no exception for circumstances such as these, the motion is denied; however, because of Patheon’s failure to adequately comply with the Undersigned’s specific instructions in the order establishing the briefing schedule [ECF No. 841], the Undersigned will not impose the standard Federal Rule of Civil Procedure 37 fee‐shifting award. Patheon’s vague, incomplete responses to the precise questions required by the Undersigned’s briefing schedule Order offsets Procaps’ unconvincing motion.
Also, this is a great footnote just dealing with the scheduling of the deposition:
This development, of course, occurred with the typical animosity that plagues this case, as Court intervention [ECF No. 790] was necessary to accommodate the scheduling of Mullen’s deposition and to confirm the Undersigned’s previous unambiguous instructions that the choice of deponent was Procaps’ to make.
Can't wait to see a trial on the merits!


  1. I think trial is coming up pretty soon. I'll be right there with you.


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