United States District Court, D. Delaware
June 25, 2014
INVISTA NORTH AMERICA S..R.L. and AURIGA POLYMERS INC., Plaintiffs,
M&G USA CORPORATION and M&G POLYMERS USA, LLC, Defendants.
SUE L. ROBINSON, District Judge.
At Wilmington this 25th day of June, 2014, having reviewed the Report & Recommendation issued by Magistrate Judge Christopher J. Burke on April 25, 2014, as well as the objections and response filed thereto by the parties;
IT IS ORDERED that the Report & Recommendation is adopted, as follows:
1. Plaintiff's motion for order to show cause and for sanctions (D.I. 527) is denied, as Judge Burke's resolution of the motion is consistent with the record, that is, M&G's use of the information at issue complied with the requirements of the protective order in this case, as it was provided to M&G outside of discovery after a court hearing without any obligation of confidentiality and was already in M&G's possession, custody, or control in any event.
2. Plaintiff's motion for modification of the protective order (D.I. 534) is adopted without objection.
3. Defendants' motion for leave to file sur-reply (D.I. 540) is denied without objection.