Filed: Jan. 05, 2018
Latest Update: Jan. 05, 2018
Summary: STIPULATION AND ORDER MODIFYING CASE MANAGEMENT SCHEDULING ORDER RICHARD SEEBORG , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff X.Commerce, Inc. d/b/a/Magento, Inc. ("Magento") and Defendant Express Mobile, Inc. ("Express Mobile") as follows: WHEREAS, the Court entered a Case Management Scheduling Order on October 26, 2017 (Dkt. 44); WHEREAS, the parties have agreed that it would be mutually beneficial to make some minor modifications to the case schedule to accommoda
Summary: STIPULATION AND ORDER MODIFYING CASE MANAGEMENT SCHEDULING ORDER RICHARD SEEBORG , District Judge . IT IS HEREBY STIPULATED by and between Plaintiff X.Commerce, Inc. d/b/a/Magento, Inc. ("Magento") and Defendant Express Mobile, Inc. ("Express Mobile") as follows: WHEREAS, the Court entered a Case Management Scheduling Order on October 26, 2017 (Dkt. 44); WHEREAS, the parties have agreed that it would be mutually beneficial to make some minor modifications to the case schedule to accommodat..
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STIPULATION AND ORDER MODIFYING CASE MANAGEMENT SCHEDULING ORDER
RICHARD SEEBORG, District Judge.
IT IS HEREBY STIPULATED by and between Plaintiff X.Commerce, Inc. d/b/a/Magento, Inc. ("Magento") and Defendant Express Mobile, Inc. ("Express Mobile") as follows:
WHEREAS, the Court entered a Case Management Scheduling Order on October 26, 2017 (Dkt. 44);
WHEREAS, the parties have agreed that it would be mutually beneficial to make some minor modifications to the case schedule to accommodate the schedule of Express Mobile's counsel, including (a) extending Express Mobile's deadline to respond to Magento's first set of discovery requests to January 11, 2018; (b) extending Magento's deadline to serve its Patent L.R. 3-3 and 3-4 Invalidity Contentions and Document Production by one week to January 25, 2018; and (c) extending the deadlines under Patent L.R. 4-1 by one week to February 2, 2018;
WHEREAS, there has been only a single prior schedule modification in this case and the requested extensions will not affect any other scheduled dates or events in this action;
NOW, THEREFORE, pursuant to Civil Local Rule 6-2, the parties hereby stipulate to the following modifications to the Case Management Scheduling Order:
Description Current Date New Date
Magento serves Invalidity Contentions and 1/18/2018 1/25/2018
Document Production
(LPR 3-3, 3-4)
Exchange of proposed terms for claim 1/26/2018 2/02/2018
construction
(LPR 4-1)
Exchange of proposed claim constructions and 2/16/2018 No change
extrinsic evidence
(LPR 4-2)
Express Mobile serves Damages Contentions 2/26/2018 No change
(LPR 3-8)
Joint Claim Construction and Prehearing 3/06/2018 No change
Statement
(LPR 4-3)
Magento serves Responsive Damages 3/28/2018 No change
Contentions
(LPR 3-9)
Completion of claim construction discovery 4/05/2018 No change
(LPR 4-4)
Express Mobile files Opening Claim 4/20/2018 No change
Construction Brief
(LPR 4-5(a))
Magento files Responsive Claim Construction 5/04/2018 No change
Brief
(LPR 4-5(b))
Express Mobile files Reply Claim Construction 5/11/2018 No change
Brief
(LPR 4-5(c))
Parties will exchange tutorial materials and 5/16/2018 No change
meet and confer regarding coordination of
tutorial presentation
Claim Construction hearing 5/23/2018 @ No change
9:30 am
IT IS SO STIPULATED.
SIGNATURE ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I hereby certify that concurrence in the filing of this document has been obtained from each of the other Signatories shown above.
Dated: January 4, 2018.
By: /s/Robert Dean Kiddie, Jr.
Robert Dean Kiddie, Jr.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
