Conrad O’Brien Obtains A Stay of All Discovery in Ongoing Litigation Against IBM Brought by North American Communications

July 14, 2011

As noted in the  news item dated January 20, 2011, the firm prevailed on a motion to dismiss in a case brought against IBM (and other related defendants) by North American Communications. 

The Court sua sponte granted the plaintiff leave to attempt to plead a new claim of fraud, in place of the breach of contract claims which had been dismissed.  The plaintiff responded by filing an amended complaint alleging fraud, and serving substantial discovery requests directed at the fraud allegations.  IBM moved to dismiss the fraud claim, and moved to stay all discovery pending the outcome of IBM’s dispositive motion.  On July 13, 2011, the Court granted in full IBM’s motion to stay all discovery.