Readers of Minnesota Litigator know that U.S. District Court Judge John R. Tunheim has been presiding over a multi-week trial in a Levaquin bellwether trial. He has another substantial trial on the calendar soon. Of course, he has many additional cases assigned to him as well. Meanwhile, a seat on the district court bench is vacant, awaiting the U.S. Senate confirmation of U.S. Mag. Judge Susan Richard Nelson (and applicants for Judge Nelson’s position hang in limbo).
This week, a plaintiff in one of those cases in Judge Tunheim’s inbox betrays a hint of impatience over a long-pending motion and the stay of discovery in the mean time.
The Compucredit v. Akanthos litigation was fairly busy in the first half of 2010. But, mid-year, the case then went into suspended animation with defendants’ motion to dismiss and motion for sanctions, still pending before Judge Tunheim. Now the plaintiff, Compucredit, has brought a renewed motion so that it can take limited discovery perhaps more than eight months after the filing of its antitrust complaint?