A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Non-Dispositive

Is the non-dispositive ruling in your case really special enough to warrant objections?
Is the non-dispositive ruling in your case really special enough to warrant objections? AI Generated, displayed with permission

Unlike with R&Rs on dispositive matters, the magistrate judges do not typically flag the deadline for objections to non-dispositive orders. No surprise, then, that attorneys sometimes seem to forget that parties can object to even non-dispositive rulings by magistrate judges under FRCP 72(a). Yesterday Judge Williams overruled such an objection to a non-dispositive order by Magistrate Judge Burke.

As Nate discussed last month, Judge Burke had granted a motion to strike a late-disclosed disclosure-dedication argument, because the party making the argument had never disclosed it in response to a contention interrogatory, and instead (apparently) held it until the summary judgment stage.

Judge …