Chief ALJ Denies MyKey Motion To Amend Complaint
Chief ALJ Bullock, on remand from the Commission, denied Complainant MyKey's motion to amend the complaint to add Diskology LLC as a respondent, and to amend the notice of investigation in Inv. No. 337-TA-799, Certain Computer Forensic Devices and Products Containing The Same. In a prior ruling on November 22, 2011, the Chief ALJ had granted MyKey's motion to substitute Diskology LLC for Diskology Inc., finding that it had shown good cause because MyKey was unaware Diskology Inc. had dissolved. After receiving a December 8, 2011 letter from MyKey clarifying that it had been aware Diskology Inc. was defunct prior to filing the complaint, the Commission remanded with instructions to take the information in the December 8 letter into account. On remand, the Chief ALJ found that MyKey's awareness that Diskology Inc. had dissolved prior to filing the complaint negated any showing of good cause, as did its decision to wait four months after filing the complaint to file a motion to amend. The ALJ noted that MyKey was free to file a new complaint against Diskology LLC.
