Filed: Jan. 18, 2018
Latest Update: Jan. 18, 2018
Summary: STIPULATED MOTION AND ORDER ORDER AMENDING SCHEDULING RICARDO S. MARTINEZ , Chief District Judge . Pursuant to LCR 10(g), Plaintiff Daimler AG ("Daimler") and Defendant Amazon.com, Inc. ("Amazon") respectfully stipulate and jointly move the Court to amend the Order Setting Trial Date and Related Deadlines (Dkt. No. 32) ("Scheduling Order") by striking the Markman -related deadlines in this case, as noted below. The parties respectfully submit that good cause exists for the proposed amendm
Summary: STIPULATED MOTION AND ORDER ORDER AMENDING SCHEDULING RICARDO S. MARTINEZ , Chief District Judge . Pursuant to LCR 10(g), Plaintiff Daimler AG ("Daimler") and Defendant Amazon.com, Inc. ("Amazon") respectfully stipulate and jointly move the Court to amend the Order Setting Trial Date and Related Deadlines (Dkt. No. 32) ("Scheduling Order") by striking the Markman -related deadlines in this case, as noted below. The parties respectfully submit that good cause exists for the proposed amendme..
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STIPULATED MOTION AND ORDER ORDER AMENDING SCHEDULING
RICARDO S. MARTINEZ, Chief District Judge.
Pursuant to LCR 10(g), Plaintiff Daimler AG ("Daimler") and Defendant Amazon.com, Inc. ("Amazon") respectfully stipulate and jointly move the Court to amend the Order Setting Trial Date and Related Deadlines (Dkt. No. 32) ("Scheduling Order") by striking the Markman-related deadlines in this case, as noted below.
The parties respectfully submit that good cause exists for the proposed amendments to the schedule. In this case, Daimler asserts trademark-related and design-patent claims, but does not assert any utility patent claims. This District's Local Patent Rules accordingly do not apply as a general matter. See Local Patent Rule 101 (patent rules apply to civil actions which involve utility patents). The parties, after conferring, agree that given the scope of the case and fact that with respect to the patent claims only design patents are at issue, formal infringement and invalidity contentions and accompanying Markman deadlines are unnecessary.
To reduce the burden on the Court and the parties, Daimler and Amazon accordingly request that the Court amend the case schedule by striking the deadlines for infringement and invalidity contentions, Markman-expert reports, claim construction exchanges and briefing, and the Markman hearing. The parties agree that they will set out their respective positions on infringement and invalidity in discovery responses in accordance with the case schedule. No other dates in the Scheduling Order would be modified and the parties' request would not result in an extension of the overall case schedule or trial date.
A proposed amended case schedule is set forth below.
JURY TRIAL DATE January 15, 2019
Reports from expert witnesses under FRCP
26(a)(2) due 7/20/2018
Rebuttal expert reports due 8/20/2018
All motions related to discovery must be
noted on the motion calendar no later than the 8/17/2018
Friday before discovery closes pursuant to
CR7(d)(d)(3) or CR37(a)(2)(B)
Discovery completed by 9/17/2018
All dispositive motions must be filed by and
noted on the motion calendar no later than the 10/15/2018
fourth Friday thereafter (see CR7(d))
Settlement conference per CR 39.1(c)(2) held
no later than 12/10/2018
Mediation per CR 39.1(c)(3) held no later
than 12/18/2018
All motions in limine must be filed by
and noted on the motion calendar for the 12/18/2018
third Friday thereafter pursuant to CR7(d)
Agreed pretrial order due 1/3/2019
Trial briefs, proposed voir dire questions and
jury instructions 1/10/2019
Pretrial conference to be scheduled by the
Court.
ORDER
For good cause shown, IT IS SO ORDERED.
