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National Products Inc. v. Arkon Resources, Inc., 2:15-cv-01984-JLR (2017)

Court: District Court, D. Washington Number: infdco20171030e59 Visitors: 24
Filed: Oct. 23, 2017
Latest Update: Oct. 23, 2017
Summary: STIPULATED MOTION AND [PROPOSED] ORDER FOR REVISED SCHEDULE JURY TRIAL DEMANDED JAMES L. ROBART , District Judge . Pursuant to LCR 10(g), Plaintiff National Products Inc. ("NPI") and defendants Arkon Resources, Inc. ("Arkon"), High Gear Specialties Inc. ("High Gear"), Wireless Accessory Solutions, LLC, d/b/a IBOLT — Wireless Accessory Solutions, LLC ("IBOLT"), and Bracketron, Inc. ("Bracketron") (collectively, "Defendants") jointly submit and respectfully request that the Court adopt
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STIPULATED MOTION AND [PROPOSED] ORDER FOR REVISED SCHEDULE

JURY TRIAL DEMANDED

Pursuant to LCR 10(g), Plaintiff National Products Inc. ("NPI") and defendants Arkon Resources, Inc. ("Arkon"), High Gear Specialties Inc. ("High Gear"), Wireless Accessory Solutions, LLC, d/b/a IBOLT — Wireless Accessory Solutions, LLC ("IBOLT"), and Bracketron, Inc. ("Bracketron") (collectively, "Defendants") jointly submit and respectfully request that the Court adopt the following revised proposed schedule to govern the above-captioned matter in light of the changes resulting from the Court's Claim Construction Order, entered on October 2, 2017 (Dkt. No. 96) and the Court's Orders granting the parties' motions for leave to amend their contentions (Dkt. Nos. 100, 103):

Event Current Schedule Parties' Proposal (Dkt. No. 74) Document Production and N/A January 9, 2018 Written Fact Discovery Deadlines Reports from Expert Witnesses December 1, 2017 February 2, 2018 Under FRCP 26(a)(2) Rebuttal Expert Reports Due December 22, 2017 February 23, 2018 All motions related to discovery January 26, 2018 March 29, 2018 must be noted on the motion calendar pursuant to LCR 7(d)(3) or LCR 37(a)(2) Discovery Complete February 1, 2018 April 6, 2018

Good cause exists to modify the current schedule. NPI's deadline for serving Defendants with its amended infringement contentions is October 27, 2017, and Defendants' deadline for serving NPI with their amended non-infringement and amended invalidity contentions is November 10, 2017. See Dkt. Nos. 100, 103. Under the current schedule, the deadline to exchange reports of the parties' expert witnesses under FRCP 26(a)(2) is December 1, 2017. Dkt. No. 74. Good cause exists due to the proximity in time of the deadlines for serving amended contentions and for serving opening expert reports, as the parties' experts need to consider the amended contentions prior to forming opinions that are subject of the expert reports. The parties may also need to take additional discovery based on the amended contentions, including for example, discovery regarding any new prior art disclosed in the amended contentions. Additionally, counsel for NPI and counsel for Arkon, IBOLT and High Gear will be in trial beginning on November 13, 2017 for the case, National Products Inc. v. Arkon Resources, Inc., No. 2:15-cv-01553 (W.D. Wash.), filed on September 30, 2015 in the United States District Court for the Western District of Washington and assigned to Judge Robert S. Lasnik.

Accordingly, due to the condensed schedule and the parties' scheduling conflicts in the coming months, the parties believe that good cause exists to modify the current schedule as provided above.

ORDER

This matter is before the Court on the parties' Stipulated Motion for Revised Schedule ("the Stipulated Motion"). The Court, having considered this matter and the record in this case, ORDERS as follows:

The Stipulated Motion is GRANTED in its entirety.

IT IS HEREBY ORDERED THAT the following schedule of deadlines is in effect:

Event Deadline Document Production and Written Fact January 9, 2018 Discovery Deadlines Reports from Expert Witnesses Under FRCP February 2, 2018 26(a)(2) Rebuttal Expert Reports Due February 23, 2018 All motions related to discovery must be March 29, 2018 noted on the motion calendar pursuant to LCR 7(d)(3) or LCR 37(a)(2) Discovery Complete April 6, 2018

SO ORDERED.

Source:  Leagle

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