Filed: Jul. 26, 2013
Latest Update: Jul. 26, 2013
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR MEDIATION AND TO ADJUST CLAIM CONSTRUCTION BRIEFING AND HEARING SCHEDULE AS MODIFIED BY THE COURT ELIZABETH D. LaPORTE, Magistrate Judge. WHEREAS, on April 24, 2013, this Court entered an ADR Order (D.I. 33) setting forth the deadline for the parties, Plaintiff Life Long Driver, LLC, and Defendants the American Automobile Association, Inc. and AAA Foundation for Traffic Safety, to attend mediation by July 23, 2013; WHEREAS, on May
Summary: STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR MEDIATION AND TO ADJUST CLAIM CONSTRUCTION BRIEFING AND HEARING SCHEDULE AS MODIFIED BY THE COURT ELIZABETH D. LaPORTE, Magistrate Judge. WHEREAS, on April 24, 2013, this Court entered an ADR Order (D.I. 33) setting forth the deadline for the parties, Plaintiff Life Long Driver, LLC, and Defendants the American Automobile Association, Inc. and AAA Foundation for Traffic Safety, to attend mediation by July 23, 2013; WHEREAS, on May 2..
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STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR MEDIATION AND TO ADJUST CLAIM CONSTRUCTION BRIEFING AND HEARING SCHEDULE AS MODIFIED BY THE COURT
ELIZABETH D. LaPORTE, Magistrate Judge.
WHEREAS, on April 24, 2013, this Court entered an ADR Order (D.I. 33) setting forth the deadline for the parties, Plaintiff Life Long Driver, LLC, and Defendants the American Automobile Association, Inc. and AAA Foundation for Traffic Safety, to attend mediation by July 23, 2013;
WHEREAS, on May 23, 2013, this Court entered a Case Management and Pretrial Order for Jury Trial (D.I. 39), setting forth a case schedule in this action, including a schedule for claim construction briefing and a claim construction hearing;
WHEREAS, the parties have been engaging in good-faith settlement discussions in an effort to resolve this matter but were not able to schedule the mediation in the given timeframe;
WHEREAS, the parties believe that the possibility of realizing a resolution to this matter would be increased if the deadline to attend mediation and claim construction briefing and hearing schedule were adjusted as follows:
Scheduling Item Current Date Revised Date
ADR to be complete July 23, 2013 Sept. 6, 2013
Exchange of Proposed Terms for Construction July 26, 2013 Sept. 13, 2013
(Pat. L. R. 4-1)
Exchange of Preliminary Claim Constructions Aug. 16, 2013 Oct. 4, 2013
and Extrinsic Evidence (Pat. L. R. 4-2)
Joint Claim Construction and Prehearing Sept. 10, 2013 Oct. 18, 2013
Statement (Pat. L. R. 4-3)
Completion of Claim Construction Discovery Oct. 10, 2013 Nov. 8, 2013
(Pat. L. R. 4-4)
Plaintiff's Opening Claim Construction Brief Oct. 18, 2013 Nov. 22, 2013
(Pat. L. R. 4-5(a))
Defendants Claim Construction Brief (Pat. L. R. Nov. 8, 2013 Dec. 13, 2013
4-5(b))
Plaintiff's Reply Claim Construction Brief (Pat. Nov. 15, 2013 Dec. 20, 2013
L. R. 4-5(c))
Claim Construction Hearing Dec. 17, 2013 Jan. 3, 2013 or as
soon thereafter as
the Court is
available
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that the deadline for mediation and the dates for claim construction briefing and the claim construction hearing be extended as set forth above.
Consent was given by each signatory to this document other than the filer to file with that person's signature affixed.
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. The Claim Construction Hearing is scheduled for January 24, 2014, at 1:30 p.m.
