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Micro Focus International PLC
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Order | Filed: May 20, 2024 IBM Corporation v. Micro Focus (US), Inc. et al
Copyright | New York Southern
Order
OPINION & ORDER re: 208 LETTER MOTION to Seal addressed to Magistrate Judge Victoria Reznik from David C. Jonas dated March 26, 2024. filed by Micro Focus (US), Inc., 215 LETTER MOTION to Seal addressed to Magistrate Judge Victoria Reznik from Joshua L. Simmons dated April 9, 2024. filed by IBM Corporation, 220 LETTER MOTION to Seal addressed to Magistrate Judge Victoria Reznik from David Jonas dated 04/15/2024. filed by Micro Focus (US), Inc., 203 LETTER MOTION to Seal Pre-Motion Letter and Exhibits addressed to Magistrate Judge Victoria Reznik from David C. Jonas dated March 18, 2024. filed by Micro Focus (US), Inc.Consequently, the Clerk of Court is requested to keep ECF Nos. 205 and 205-1 to 205-11 as accessible only to selected parties. The Clerk of Court is also requested to close out the gavel on ECF No. 203. Lastly, when Micro Focus filed their motion papers and reply papers, they included requests to file red acted versions and to seal some accompanying exhibits in their entirety. (ECF Nos. 208, 220). IBM included a similar request when they filed their opposition. (ECF No. 215). Neither party has responded to each other's request to seal these motion papers. Consequently, by Friday, May 24, 2024, the parties should submit a joint letter stating their respective positions on each other's requests to seal. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 5/17/2024) (jca)
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Order | Filed: May 17, 2024 IBM Corporation v. Micro Focus (US), Inc. et al
Copyright | New York Southern
Order
OPINION AND ORDER re: 214 LETTER MOTION for Oral Argument re 209 Motion to Exclude addressed to Magistrate Judge Victoria Reznik from David C. Jonas dated March 26, 2024. filed by Micro Focus (US), Inc., 209 MOTION TO EXCLUD E PLAINTIFF IBM CORPORATION'S UNTIMELY DISCLOSURES PURSUANT TO FED. R. CIV. P. 37 . filed by Micro Focus (US), Inc., 205 LETTER MOTION for Leave to File Motion to Strike Letter (SEALED) addressed to Magistrate Judge Vi ctoria Reznik from David C. Jonas dated March 18, 2024. filed by Micro Focus (US), Inc., IBM Corporation, 204 LETTER MOTION for Leave to File Motion to Strike Letter (REDACTED) re 203 Motion to Seal addressed to Magistrate Judge Victoria Reznik from David C. Jonas dated March 18, 2024. filed by Micro Focus (US), Inc..For the reasons outlined above, Micro Focuss motion is DENIED. Although this Court finds that IBMs disclosures were untimely, the harsh and rare remedy of pre clusion is inappropriate. Instead, as described above, the parties are directed to meet and confer in good faith regarding the added fact discovery and any necessary supplementation of expert reports that Micro Focus reasonably requires to respon d to IBM's belated disclosures. Those discussions should also address the added discovery that IBM requests related to damages. The parties must jointly propose to the Court a schedule for the completion of this added fact and supplemental ex pert discovery. By May 31, 2024, the parties should submit a proposed schedule for the Court's review and approval. If the parties cannot agree on a reasonable schedule to complete the additional discovery, or if they cannot agree on the scope o f additional fact discovery (and any additional expert discovery that it may require), then the parties are directed to submit these disputes to the Court for prompt resolution. The Clerk of Court is respectfully requested to close out the gavels on ECF Nos. 204, 205, 209, and 214. SO ORDERED. (Signed by Magistrate Judge Victoria Reznik on 5/17/2024) (jca)
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Misc | Filed: May 16, 2024 | Entered: May 16, 2024 IBM Corporation v. Micro Focus (US), Inc. et al
Copyright | New York Southern
Letter
LETTER addressed to Magistrate Judge Victoria Reznik from Joshua L. Simmons dated May 16, 2024 re: responding to 236 Micro Focus's May 15, 2024 Letter. Document filed by IBM Corporation..(Simmons, Joshua)
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