IJSS Again Moves to Strike Lexmark Complaint, as MSE Complies

Los Angeles, California-based InkJetSuperstore (IJSS) Inc. has filed a reply to further support its motion to strike Lexmark’s first amended complaint. But MSE has agreed to turn over certain documents to Lexmark.

Lexmark just responded that its amended complaint complies with the rules of civil procedure. IJSS explains that Lexmark is attempting to turn rules of civil procedure on their head by amending its complaint without leave “two years after the lawsuit is over.”

IJSS says, “It would turn Civil Rule 15 on its head if a plaintiff were able to continue to amend its complaint without leave merely because a defendant agreed to a consent judgment before it filed its answer. When could a plaintiff stop doing such a thing? Five years after a case is over? Ten years? Under Lexmark’s interpretation of Civil Rule 15, it could continue amending its complaint against IJSS at any point from now until the end of time.”

IJSS also points out that Lexmark’s alternative motion that it be granted leave to amend the complaint should be denied “because Lexmark has failed to articulate any reason why ‘justice so requires’ that it be permitted to do so.”

“The onus is not on the defendant to demonstrate why the cause of justice would be impaired if a plaintiff is permitted to amend its complaint. Rather, the onus is on the plaintiff to demonstrate to the court why justice requires it be permitted leave to amend.” IJSS complains that Lexmark’s undue delay in filing this action will cause it to incur substantial sums in defending and litigating against these allegations.

Lexmark also brought a motion to compel against MSE after learning that MSE was one of IJSS’s suppliers. But now they have reached an agreement on the production of documents. MSE has essentially agreed to most of the contended document-production requests, although Lexmark has agreed to limit the number of years of documentation MSE must produce and has stipulated that MSE need not provide certain invoices and purchase orders.

Cartridge World, too, turns over the information as Lexmark requested—a list of franchisees and their addresses.

Two more John Doe defendants are dismissed.  A judge denied the motion to compel Cardinal Cartridge. Lexmark claims it voluntarily dismissed the complaint against Green Imaging Supplies.