Corning Optical v. Solid, Inc. Case No. 5:14-cv-03750-PSG United States District Court For the Northern District of California
?This is a funny order because other than the caption you do not know what it is!
The court calls this the classic chicken and egg scenario.
Plaintiffs cannot provide information about damages when the information is in the possession of the other party.
Wait until we serve our expert report. Response to interog about damage calculations:
Rule 26(a)(1)(A)(iii) Without awaiting a discovery request a party must provide: a computation of each category of damages the documents and evidence supporting the calculations Rule 26(a)(1)(A)(iii) disclosure: No documents exist at this time.
Judge grants the motion to compel Amount of damages sought. Two weeks to provide the following: 1
Apportionment of damages between defendants Time period Begin End 2 3
Lost profits and royalties Witnesses who support these claims 4 5
Documents that support these claims Facts a. supporting lost profits b. supporting royalties 6 7 8 It is so ordered.