NuCap Indus., Inc. v. Robert Bosch LLC, NO. 15 C 2207, Slip Op. (N.D. Ill. Oct. 19, 2016) (Gottschall, J.).

Judge Gottschall overruled plaintiff NuCap’s objections to Magistrate Judge Kim’s decision denying NuCap the right to serve additional discovery related to defendant Robert Bosch’s alleged change in position during litigation in this trade secret suit related to brake pad designs.

The Court overruled the objections without prejudice because there was a chance that a decision on the parties’ cross-summary judgment motions would moot some or all of the need for the requested discovery. The Court did, however, grant NuCap’s motion for leave to supplement its summary judgment papers with testimony from the parties’ preliminary injunction hearing. While NuCap may have waited longer than it should have to seek leave to supplement, the parties and the Court were best served by deciding the summary judgment motion based upon all available evidence.