Minemyer v. B-Roc Reps., Inc., No 07 C 1763, Slip Op. (N.D. Ill. Nov. 9, 2009) (Cole, Mag. J.).
Judge Cole granted in part defendants’ motion to extend the trial date. The Court continued the trial, but not to the early 2010 date defendants requested. Instead, the Court continued the trial until early 2011. An early 2010 trial date would have prevented plaintiff from attending the patent trial because plaintiff begins serving a one-year federal prison sentence in December 2009. The Court held that holding a trial that plaintiff would be unable to attend in person would prejudice plaintiff. Instead, the Court delayed the trial until plaintiff will be able to attend. Plaintiff argued that he would be prejudiced by the one-year delay because his damage award would be delayed an additional year. The Court, however, held that any prejudice from a delayed award was too speculative to be considered because there was no way to know that plaintiff would be awarded any damages. Additionally, the Court noted that the delay would benefit plaintiff if he ultimately prevails because his award would include an additional year of damages.