Sunday, September 08, 2013 6:11:15 AM
P3 lines 24-28
The Court is not persuaded that the defendants have a dilatory motive for moving for leave to amend. In addition, the Court does not agree with LifeScan that the defendants' proposed counterclaims properly belong in another case between the parties pending before the Court, if anywhere. As the defendants point out, it is not clear that under the Protective Order they can use the relevant evidence obtained in this case in support of its counterclaims in a different case. In any event, if the requirements for granting leave to amend are met, it is of no moment that there is another case pending between the parties where LifeScan may prefer to confront the proposed counterclaims.
P4 lines 8,9
Based on this record, the Court will not find that the defendants were not diligent in making their motion to amend.
P4 line 18
LifeScan's argument is belied by the record.
P4 lines 26,27
Accordingly, the Court finds that LifeScan will not be unduly prejudiced by the addition of defendants' proposed counterclaims.
P5 lines 4-8
The Court does not agree. LifeScan has already stipulated to stay the pending counterclaims in this case, apparently concluding that the benefits of a stay outweigh the effect of whatever cloud those claims place over it. In any event, having chosen to file this suit against the defendants, LifeScan's complaint that the proposed counterclaims harm its marketing efforts is not compelling.
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