By Memorandum Opinion entered by The Honorable Sue L. Robinson in Boston Scientific Corporation, et al. v. Cordis Corporation, Civil Action No. 10-315-SLR, the Court denied the motion to stay filed by Defendant Cordis Corporation (“Cordis”) seeking to stay the trial scheduled to begin on May 5, 2011. In denying the motion to stay, the Court noted that motions to stay are subject to the Court’s broad discretionary powers and the following three factors guide the Court in evaluating whether to grant a motion to stay: (1) whether the granting of a stay would cause the non-moving party to suffer undue prejudice from any delay or allow the moving party to gain a clear tactical advantage over the non-moving party; (2) whether a stay will simplify the issues for trial; and (3) whether discovery is complete and a trial date set. Id. at 7. After evaluating and balancing the foregoing factors, the Court concluded that granting the motion to stay was not warranted under the circumstances. Id. at 7 and 10.
A complete copy of the Court’s Opinion is attached.