Monetary sanction imposed for corporation's failure to obtain counsel
WebXChange Inc. v. Fedex Corporation, et al., Civil Action No. 08-133-RGA, December 15, 2011, and WebXChange Inc. v. Dell Inc., et al., Civil Action No. 08-132-RGA, December 15, 2011.
Andrews, J. Plaintiff ordered to obtain counsel by a specific date and to escrow with the Clerk money to pay defendants’ respective attorneys’ fees and expenses until counsel obtained. Failure to obtain counsel will result in dismissal.
Following withdrawal by three sets of separate out-of-sate and Delaware counsel, the Court entered an order to show cause why this patent case should not be dismissed without prejudice for failure to prosecute. Plaintiff then filed a motion for an extension to respond to the order to show cause, which defendants’ opposed seeking dismissal of the case with prejudice. During a December 12, 2011, telephone conference, the Court held that if plaintiff did not obtain counsel by January 17, 2011, and deposit $100,000 with the Clerk to compensate the defendants for their expenses caused by the delay, the case would be dismissed with prejudice.
