Fossil Industries, Inc. v. Onyx Specialty Papers, Inc. et al
Fossil Industries, Inc. |
Meadwestvaco Corporation and Onyx Specialty Papers, Inc. |
2:2012cv02496 |
May 18, 2012 |
US District Court for the Eastern District of New York |
Central Islip Office |
Arthur D. Spatt |
A. Kathleen Tomlinson |
Contract Product Liability |
28 U.S.C. ยง 1332 Diversity-Product Liability |
None |
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Filing 48 DECISION AND ORDER granting in part and denying in part 32 Motion to Dismiss; For the foregoing reasons, it is hereby ordered that the Defendants motion pursuant to Fed. R. Civ. P. 41(b) to dismiss the complaint due to Fossils alleged failure to comply with its discovery obligations, and/or pursuant to Fed. R. Civ. P. 37(b), for sanctions and costs based on that alleged conduct is granted in part and denied in part. The motion is granted to the extent the Defendants are awarded their reason able legal fees and costs incurred in connection with the additional discovery consented to, as described above, by Fossil. A motion for such fees and costs should be directed to Judge Tomlinson no more than 14 days after the conclusion of discovery. Any additional requests for discovery should also be directed to Judge Tomlinson. The Defendants motion is otherwise denied. So Ordered by Judge Arthur D. Spatt on 11/5/2014. (Coleman, Laurie) |
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