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PLX, INC., Plaintiff, v. PROSYSTEMS, INC., JAMES L. LYONS and PATRICIA LYONS, Defendants.

CONSENT ORDER VACATING MARCH 29, 2005 ORDER AWARDING EXPENSES AND ISSUING SANCTIONS

W. CRAIG BROADWATER, District Judge

On March 29, 2004, Magistrate Judge Seibert issued an Order Awarding Reasonable Expenses to Plaintiff PLX, Inc. and Issuing Sanctions Against Counsel for Defendant Lyons, (Docket No. 52) (hereafter "the Order"). On April 14, 2004, defendants and their counsel filed objections to the Order. (Docket No. 55.) On April 28, 2004, plaintiff filed a response to the objections to the Order. (Docket No. 58.) Defendants and their counsels' objections to the Order are still pending.

Plaintiff's counsel, Michael R. Gilman, Esq., has consented to the terms of this Consent Order to vacate the Order (Docket No. 52), while not disturbing any monetary payment already made to plaintiff pursuant to the Order.

NOW, THEREFORE, it is SO ORDERED that:

1. The Order (Docket No. 52) was contrary to law as defendants and their counsel were substantially justified in asserting that they had not waived the ability to object to discovery on the basis of General Objection No. 2. See Fed.R.Civ.P. 34(a)(4)(A).

2. The Order (Docket No. 52) is hereby VACATED.

3. Any money already paid to the plaintiff as a result of the Order (Docket No. 52) shall not be disturbed.

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PLX, INC. v. PROSYSTEMS, INC. (N.D.W.Va. 2005)
(Jul 13, 2005)