Unimax Case Should Have No Discovery, Says T-Mobile in Joint Status Report
Unimax Communications, a supplier of mobile phones to T-Mobile, believes that discovery in its breach of contract complaint against T-Mobile can be completed by September, said the parties’ joint status report Thursday (docket 2:23-cv-01830) in U.S. District Court for Western…
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Washington in Seattle. Unimax’s Nov. 28 complaint alleges that T-Mobile reneged on its contractual obligations to accept delivery of nearly half a million phones (see 2311290029). T-Mobile’s Jan. 22 motion to dismiss said its contract with Unimax had provisions for canceling its purchase orders (see 2401240026). T-Mobile’s position is that discovery in the case “should only proceed, if at all,” after the court has ruled on the motion to dismiss, said the joint status report. The case should be dismissed with prejudice “and there should be no discovery,” it said. T-Mobile therefore proposes that the court only set a case schedule and discovery deadlines, if at all, after resolving the company’s motion to dismiss, it said. If discovery does proceed, T-Mobile anticipates that the parties “will require at least nine months” from the court’s ruling on that motion “in light of the number of witnesses involved and likelihood of third-party discovery,” it said.