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Leave to file further affidavit evidence on a pending bifurcation motion largely denied.
The defendants sought leave to file a further affidavit and supplemental written representations in connection with their pending motion for a bifurcation order.
The case management judge dismissed the motion for the most part, finding that the proposed evidence regarding multiple products and the plaintiff's status as a non-practicing entity could have been discovered with the exercise of due diligence when the original motion record was filed.
Leave was granted only for the exhibits detailing the action history, which the plaintiff did not oppose.
Costs were awarded to the plaintiff.
