Order on Motion to Compel and Motion to Exclude

McKesson Information Solutions LLC v. Epic Systems Corp., 1:06-cv-2965 (N.D. Ga. Feb. 9, 2009) (Camp, J.)

Judge Camp granted in part and denied in part Defendant’s motion to compel and Plaintiff’s motion to exclude evidence.

Defendant moved to compel Plaintiff to provide supplemental answers to 501 of Defendant’s requests for admission. The Court found the number of requests excessive and directed Defendant to refile no more than 225 requests. The Court then directed Plaintiff to respond to all requests that concern issues of fact or the application of law to fact, but advised that the Plaintiff need not respond to any requests that (i) concern legal conclusions, such as whether certain art constitutes “prior art” to the patent in suit, or (ii) require more than a “reasonable inquiry” to answer.

Plaintiff moved to exclude various evidence and arguments offered by the Defendant. The Court granted Plaintiff’s motion with respect to 23,000 documents Defendant produced a week before the close of discovery, documents related to a prior art system Defendant produced a week and a half before the close of discovery, and documents related to another prior art system Defendant produced on the last day of discovery. The Court found Defendant’s productions to be untimely and not justified.