The judge overseeing the GlasWeld-Boyle case in the U.S. District Court of Oregon, Eugene division, has denied Mike and Christopher Boyles’ motion for reconsideration on the motion for the order to show cause for sanctions and motion to dismiss.
GlasWeld filed an alleged patent infringement lawsuit against Mike Boyle, doing business as Surface Dynamix, in 2012. Mike Boyle’s son, Christopher, was later added as a defendant in the case.
“Contrary to defendants’ assertions, defendants were given notice and the opportunity to show cause why sanctions should not be imposed for the failure to follow court orders and produce expert reports,” writes the judge. “The responsibilities of following court orders fall equally on both defendants, and the court has explained why sanctions were imposed. Defendants’ repeated complaints about plaintiff’s production of damages information has been addressed and does not excuse defendants’ failures in any event.
“Plaintiff’s [GlasWeld] purported discovery failures regarding damages calculations do not warrant dismissal, as plaintiff has provided such information to defendants,” the judge added. “In an abundance of caution, the court will order plaintiff to provide such information, and any supplemental damages information, in a format other than email communication, and plaintiff shall do so within 21 days from the date of this order. Should plaintiff attempt to seek damages at trial based on information withheld from defendants, plaintiffs shall be precluded from doing so.”
The judge writes that the parties shall confer and schedule depositions in November or December.
“The court is in receipt of the affidavit in support of attorney’s fees, and after review by the court for reasonableness, the court shall issue an order regarding such fees prior to depositions,” the judge writes. “I find no basis to stay further discovery in this case pending defendants’ payment of attorney fees. The defendants’ motion for hearing is denied.”