You said:...

"The relevance of the greater discovery regarding design and manufacturing goes to the heart of intent and bility to decide treble damages if warranted IMO."...

Counsel for defense are not being obtuse nor weinies. They have been succesful in convincing Magistrate Watanabe in circumsribing DM 'S ability to dig out information that will assist in seeking treble damages. That is what they seek to accomplish with Judge Krieger who will decide the issue on the Appeal filed by DM...

The ladies who were hired by DM to run the e-discovery in this case came highly reommended, and have demonstrated, by their Appeal filed to Watanabe's decision, that they know what they are doing and won't permit the defense to shut discovery that is essential and relevant to the issue of "Treble Damages" be swept away by the dilatory tactics of defense counsel...

Three times any Jury Verdict will not be Peanuts; and IMO this would be a ready made APPEAL to the Supreme Court, should the case go through a Jury Trial against the defendants...

A decision By judge Krieger on the MH for EDIG could be significanly sweetened with by her ruling in favor of DM'S Motion on this issue...

Gil...