2011-03-29 Requisition by Plaintiff
On March 29, Plaintiff's counsel sent a Requisition to the Federal court in order to proceed with the fulfillment of the Summary Judgment Order, in particular the Reference discovery.
Even though an appeal is in process, and the order may get overturned, the Plaintiff's counsel is insisting on proceeding with lengthy procedures to find out who bought books.
10. The Plaintiff hereby elects an accounting of the Defendants' profits, rather than the Plaintiff's damages, and now seeks to have the quantum of said profits determined by way of a Reference
As a result of the foregoing, THE PLAINTIFF REQUESTS THAT:
11. The Referee schedule a reference to quantify the profits realized by the
Defendants as a result of their infringement, pursuant to Rule 153 et seq. of the Federal Courts Rules, in accordance with the issues identified in the Plaintiffs Statement of Issues;
12. A timetable be set for the conduct of the Reference, including discovery of the
Defendants, pursuant to Rules 3, 153(2), 156 and 157 by the Referee;
As Plaintiff's counsel is refusing to Delay the Order until the Appeal is decided, the defendants will have to file a motion for Stay of the Order.
|Requisition (Rule 155(1) of the Federal Court Rules).pdf||150.34 KB|
|Statement of Issues.pdf||286.11 KB|