Late Expansion of Temporal Scope by a Decade for Document Requests Not Allowed

Affymetrix, Inc. v. Enzo Biochem, Inc. et al.

Case Number: 1:03-cv-08907-RJS (Dkt. 121)

The court denied Enzo’s request to expand the temporal scope of document requests’ end-date from 2003 to 2014. Judge Sullivan noted that the request was made over two weeks after the deadline to exchange document requests and over one week after the deadline for submitting discovery disputes, and he questioned the sincerity to Enzo’s excuse that it inadvertently forgot to change the date in its general instructions.

The court also refused Enzo’s requests that the defendant identify all previously-produced documents that are responsive to Enzo’s document request, as the parties’ own agreement on document production had no such requirement.

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