United States District Court, N.D. Illinois, Eastern Division
June 14, 2005.
AMERICAN HARDWARE MANUFACTURERS ASSOCIATION, a Delaware not-for-profit corporation, Plaintiff,
REED ELSEVIER, INC., a Massachusetts corporation, et al., Defendants. REED ELSEVIER, INC., a Massachusetts corporation, Counter-plaintiff, v. AMERICAN HARDWARE MANUFACTURERS ASSOCIATION, a Delaware not-for-profit corporation, and TIMOTHY S. FARRELL, Counter-defendants.
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Defendant Reed Elsevier, Inc. (Reed) moves to limit discovery
pending ruling on its motion for partial summary judgment. The
Freeman defendants join in that motion. The motion is granted.
This motion has a "chicken and the egg" quality to it. The
motion for partial summary judgment seeks to foreclose claims
arising prior to February 26, 2003, on the basis that they were
released. Reed recognizes that plaintiff is entitled to discovery
respecting its fraudulent inducement contention and post-February 26, 2003 claims.
Plaintiff recognizes that there is not much sense in spending
time and money on pre-February 26, 2003 claims until the motion
for partial summary judgment is decided. This court has said the
The real dispute, it appears, is determining what discovery is
germane to the fraudulent inducement contention and post-February
26, 2003 claims. Plaintiff insists Reed has used more general
discovery disputes pending before Magistrate Judge Levin to
avoid even the more limited discovery. Reed insists that
plaintiff is unreasonably arguing that practically all of its
discovery relates, in some fashion, to the more limited inquiry,
when it does not. That dispute is one that should be decided by
Judge Levin. The inquiry should, for now, be limited, but what is
or is not within the boundaries of that limitation is up to Judge
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