Filed: Sep. 04, 2014
Latest Update: Sep. 04, 2014
Summary: PROPOSED CASE MANAGEMENT ORDER LUCY H. KOH, District Judge. In light of the Court's congested September 10, 2014 case management conference calendar, the Court proposes the following Case Management Order. The parties shall file any objections to the proposed case management order by September 8, 2014 at noon. If the parties file no objections, the Court will vacate the September 10, 2014 case management conferences. Softvault v. Honeywell, Case No. 14-CV-01164-LHK The parties did not compl
Summary: PROPOSED CASE MANAGEMENT ORDER LUCY H. KOH, District Judge. In light of the Court's congested September 10, 2014 case management conference calendar, the Court proposes the following Case Management Order. The parties shall file any objections to the proposed case management order by September 8, 2014 at noon. If the parties file no objections, the Court will vacate the September 10, 2014 case management conferences. Softvault v. Honeywell, Case No. 14-CV-01164-LHK The parties did not comply..
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PROPOSED CASE MANAGEMENT ORDER
LUCY H. KOH, District Judge.
In light of the Court's congested September 10, 2014 case management conference calendar, the Court proposes the following Case Management Order. The parties shall file any objections to the proposed case management order by September 8, 2014 at noon. If the parties file no objections, the Court will vacate the September 10, 2014 case management conferences.
Softvault v. Honeywell, Case No. 14-CV-01164-LHK
The parties did not comply with this Court's private mediation deadline of August 29, 2014. The parties are ordered to file a status report by September 11, 2014 informing the Court of their new mediation date with Judge Infante. The Court sets a new mediation deadline of November 15, 2014.
The case schedule remains as set in the Court's previous Case Management Order, ECF No. 25, with the exception that the time set for trial is now only 4 days because the related case, Case No. 14-CV-01166, is settling. For the convenience of the parties, the Court sets forth the schedule below:
Exchange of Initial Disclosures 6/23/2014
Disclosure of Asserted Claims and Infringement 7/7/2014
Contentions
Invalidity Contentions 8/21/2014
Parties Exchange Proposed Claim Terms for 9/4/2014
construction
Last Day to Meet and Confer on Proposed Terms 9/18/2014
Parties Exchange Preliminary Claim Constructions 10/2/2014
and identify supporting evidence and experts
Last Day to Meet and Confer on Narrowing Issues 10/16/2014
and Joint Claim Construction and prehearing
statement
Parties File Joint Claim Construction and 10/27/2014
Prehearing Statement
Close of Claim Construction Discovery 11/10/2014
Claim Construction Opening Briefs Due 12/1/2014
Claim Construction Responsive Briefs Due 12/23/2014
Claim Construction Reply Briefs Due 1/6/2015
Technology Tutorial 2/26/2015
Claim Construction Hearing 3/5/2015
Fact Discovery Cutoff 9/5/2015
Parties Serve Initial Expert Reports 9/22/2015
Parties Serve Rebuttal Expert Reports 11/6/2015
Close Expert Discovery 12/6/2015
Last Day to File Dispositive Motions 1/5/2016
Hearing on Dispositive Motions 3/3/2016 at 1:30pm
Final Pretrial Conference 7/28/2016 at 1:30pm
Jury Trial 8/22/2016 at 9am
Length of Trial 4 days
All other newly related cases: Case Nos. 14-CV-03215-LHK; 14-CV-03223-LHK; 14-CV-03221-LHK; 14-CV-03222-LHK; 14-CV-03212-LHK
The Court refers the parties in all these cases to private mediation with a deadline of December 18, 2014.
Each side may file only one dispositive motion in each respective case.
The Court adopts the parties' proposed discovery limits set forth in their respective Joint Case Management Statements in each case, as follows:
Case No. 14-CV-03215-LHK:
• Each party is limited to 25 interrogatories.
• Each party is limited to 50 requests for admission, not including requests for admission for the purpose of authenticating documents.
• Each party is limited to 80 requests for production.
• The limits set forth in the Federal Rules of Civil Procedure shall apply to depositions. Depositions taken pursuant to Fed. R. Civ. P. 30(b)(6) shall be limited to 14 total hours per side.
• Each party is limited to 7 total hours of expert witness deposition testimony for each expert retained by the opposing party.
14-CV-03223-LHK:
• Each party is limited to 25 interrogatories.
• Each party is limited to 50 requests for admission, not including requests for admission for the purpose of authenticating documents.
• Each party is limited to 100 requests for production.
• Each party is limited to 7 total hours of expert witness deposition testimony for each expert retained by the opposing party. However, should an expert issue more than one expert report, the opposing party is entitled to 7 additional hours of expert witness deposition testimony for each additional expert report issued by the particular expert.
• Each party is limited to 10 total fact witness depositions and 70 total hours of fact witness deposition testimony. Fed. R. Civ. P. 30(b)(6) depositions are included in the 70 total hours, and the 30(b)(6) testimony shall be limited to 14 total hours per side.
• In no event shall any single deposition of a witness exceed 7 hours, with the exception that expert witnesses may be deposed for 7 hours per report provided, and 30(b)(6) witnesses can be deposed pursuant to the 14 hour limitation above. However, notwithstanding the foregoing exceptions, no deposition of a witness shall exceed 7 hours in a single day unless otherwise agreed.
14-CV-03221-LHK:
• Each party is limited to 25 interrogatories.
• Each party is limited to 50 requests for admission, not including requests for admission for the purpose of authenticating documents.
• Each party is limited to 80 requests for production.
• The limits set forth in the Federal Rules of Civil Procedure shall apply to depositions.
• Each party is limited to 7 total hours of expert witness deposition testimony for each expert retained by the opposing party. However, should an expert issue more than one expert report, the opposing party is entitled to 4 additional hours of expert witness deposition testimony for each additional expert report issued by the particular expert. Notwithstanding the foregoing exception, no deposition of an expert shall exceed 7 hours in a single day unless otherwise agreed.
14-CV-03222-LHK:
• Each party is limited to 25 interrogatories.
• Each party is limited to 50 requests for admission, not including requests for admission for the purpose of authenticating documents.
• Each party is limited to 80 requests for production.
• Each party is limited to 7 total hours of expert witness deposition testimony for each expert retained by the opposing party. However, should an expert issue more than one expert report, the opposing party is entitled to 7 additional hours of expert witness deposition testimony for each additional expert report issued by the particular expert.
• Each party is limited to 10 total fact witness depositions and 70 total hours of fact witness deposition testimony. Fed. R. Civ. P. 30(b)(6) depositions are included in the 70 total hours, and the 30(b)(6) testimony shall be limited to 14 total hours per side.
• In no event shall any single deposition of a witness exceed 7 hours, with the exception that expert witnesses may be deposed for 7 hours per report provided, and 30(b)(6) witnesses can be deposed pursuant to the 14 hour limitation above. However, notwithstanding the foregoing exceptions, no deposition of a witness shall exceed 7 hours in a single day unless otherwise agreed.
14-CV-03212-LHK:
• Each party is limited to 25 interrogatories.
• Each party is limited to 60 requests for admission, not including requests for admission for the purpose of authenticating documents.
• Each party is limited to 80 requests for production.
• Each party is limited to 7 total hours of expert witness deposition testimony for each expert retained by the opposing party. However, should an expert issue more than one expert report, the opposing party is entitled to 7 additional hours of expert witness deposition testimony for each additional expert report issued by the particular expert.
• Each party is limited to 10 total fact witness depositions and 70 total hours of fact witness deposition testimony. Fed. R. Civ. P. 30(b)(6) depositions are included in the 70 total hours, and the 30(b)(6) testimony shall be limited to 14 total hours per side.
• In no event shall any single deposition of a witness exceed 7 hours, with the exception that expert witnesses may be deposed for 7 hours per report provided, and 30(b)(6) witnesses can be deposed pursuant to the 14 hour limitation above. However, notwithstanding the foregoing exceptions, no deposition of a witness shall exceed 7 hours in a single day.
The Court sets the case schedule in all the newly related cases as follows:
Exchange of Initial Disclosures 10/3/2014
Disclosure of Asserted Claims and Infringement 10/17/2014
Contentions
Invalidity Contentions 12/5/2014
Parties Exchange Proposed Claim Terms for 12/19/2014
construction
Last Day to Meet and Confer on Proposed Terms 1/5/2015
Parties Exchange Preliminary Claim Constructions 1/16/2015
and identify supporting evidence and experts
Last Day to Meet and Confer on Narrowing Issues 1/30/2015
and Joint Claim Construction and prehearing
statement
Parties File Joint Claim Construction and 2/13/2015
Prehearing Statement
Close of Claim Construction Discovery 2/27/2015
Claim Construction Opening Briefs Due 3/20/2015
Claim Construction Responsive Briefs Due 4/10/2015
Claim Construction Reply Briefs Due 4/24/2015
Technology Tutorial 6/11/2015 at 1:30 pm
Claim Construction Hearing 6/18/2015 at 1:30 pm
Fact Discovery Cutoff 12/18/2015
Parties Serve Initial Expert Reports 1/8/2016
Parties Serve Rebuttal Expert Reports 2/8/2016
Close Expert Discovery 3/4/2016
Last Day to File Dispositive Motions 4/1/2016
Hearing on Dispositive Motions 5/19/2016 at 1:30 pm
Final Pretrial Conference 8/18/2016 at 1:30 pm
Jury Trial 9/26/2016 at 9am
Length of Trial 20 days (4 days per defendant)
IT IS SO ORDERED.
