GlasWeld’s attorneys have asked the U.S. District Court of Oregon, Eugene division, to deny the Boyles emergency motion to compel depositions, saying they are not available in September or October. The company’s attorneys have also asked the court to compel the Boyles to pay “court-awarded attorneys’ fees” before the depositions take place.
Mike Boyle, doing business as Surface Dynamix, and his son, Christopher, filed the motion requesting the judge compel GlasWeld to schedule depositions in the alleged patent infringement case. The Boyles alleged, “despite the court’s order, the plaintiff has repeatedly [avoided] the court’s order.”
“The court should deny defendants’ motion because it is not yet ripe, and not filed in compliance with local rules,” according to court documents. “[T]he simple truth is that GlasWeld’s counsel does not have a full week available in September or October to participate in the depositions in this matter.
“[M]oreover, defendants demand to take the depositions of GlasWeld’s experts, but refuse to abide by the court’s order of July 31, 2015, that they pay GlasWeld’s fees for certain motions. … If defendants refuse to pay the awarded fees, then the need for the depositions is obviated and the court can resolve this case,” GlasWeld’s attorneys allege in court documents. “If defendants obey the court’s order and pay GlasWeld’s fees, the depositions can go forward and the case will be resolved in due course. GlasWeld asks only that defendants be held accountable to obey the court’s July 31, 2015 order before the depositions go forward.”
The Boyles had asked the judge to reconsider the order, which imposed sanctions on them in the form of attorneys’ fees.
The judge had not issued any new decisions at press time.