Ocean Atlantic Woodland Corp. v. DRH Cambridge Homes, Inc.
United States District Court for the Northern District of Illinois
2004 WL 609326 (N.D. Ill. Mar. 23, 2004)
Ocean Atlantic Woodland Corporation (plaintiff) sued DRH Cambridge Homes and other defendants for copyright infringement and sought extensive discovery covering both liability and damages, even though the court had observed considerable doubt about whether Ocean Atlantic could establish the defendants' liability at all; the defendants moved under Federal Rule of Civil Procedure 42(b) to bifurcate discovery, limiting it initially to liability issues and deferring damages discovery unless liability was actually established.
Whether bifurcating discovery into separate liability and damages phases is appropriate when the plaintiff's liability case is doubtful and the requested damages discovery would be extensive and costly.