Judge Orders Nimitz to Show Cause Why It Shouldn’t Be Sanctioned

Chief U.S. District Judge Colm Connolly for Delaware ordered Nimitz Technologies’ outside counsel George Pazuniak to appear before him in person April 11 and be prepared to show cause why he and Nimitz shouldn’t be sanctioned for their failure to produce bank records, emails and other materials the judge demanded in November, said his memorandum order Tuesday (docket 1:21-cv-01247). Connolly ordered the production of the materials for his investigation into whatever third-party funding may have contributed to the filing of three Nimitz patent infringement lawsuits against Bloomberg, BuzzFeed, Cnet and Imagine Learning (see 2212060020). Nimitz and Pazuniak resisted Connolly’s order on grounds that the documents he was demanding would violate attorney-client privilege. The judge had several courtroom confrontations with Pazuniak before issuing his Nov. 10 order, but he maintained a low profile as Nimitz and Pazuniak unsuccessfully sought mandamus relief from the U.S. Appeals Court for the Federal Circuit. It’s now nearly two months since the Federal Circuit's last mandate issued, denying Nimitz and Pazuniak relief, “thereby returning these cases” to Connolly’s jurisdiction, but still no compliance with his November instructions, said his order.