Deckers Outdoor Corporation v. Dreams Footwear, Inc. et al

Filing 23

ORDER SETTING UNIFIED SCHEDULING CONFERENCE by Judge Otis D. Wright, II: On July 3, 2014, the Court consolidated the Deckers Cases, finding that they are related within the meaning of General Order 08-05, section 5, and Local Rule 83-1.3. (ECF No. 29 .) In order to efficiently manage these related cases, the Court SETS a unified scheduling conference in all actions for Monday, September 22, 2014 at 1:30 pm the same date currently set for a scheduling conference in 2:14-cv-02577. The Court accordi ngly CONTINUES the scheduling conferences already set in 2:14-cv- 02561 and 2:14-cv-02649 to that date. The Court understands that Defendant J.C. Penney Company Inc. has not yet answered the recently filed First Amended Complaint in 2:14-cv-02565. J. C. Penney Company is therefore not required to attend the scheduling conference or participate in Rule 26(f) discussions unless it answers the First Amended Complaint before the unified scheduling conference. In anticipation of the unified scheduling conference, the Court ORDERS Plaintiff and all parties who have answered in the Deckers Cases to participate in joint Rule 26(f) discussions, preferably in person. The parties shall submit a Rule 26(f)report just like any other scheduling conference and file it in the master case file. The parties shall file the joint report no later than seven days before the scheduling conference .(lc). Modified on 7/9/2014. (lc).

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United States District Court
Central District of California

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DECKERS OUTDOOR CORPORATION, Lead Case CV 14-02649-ODW(CWx)
Plaintiff,

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ALL CASES

v.

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SEARS HOLDINGS CORPORATION;

ORDER SETTING UNIFIED

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SEARS ROEBUCK AND CO.; SEARS

SCHEDULING CONFERENCE

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BRANDS, LLC; DOES 1–10, inclusive,

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Defendants.

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On July 3, 2014, the Court consolidated the Deckers Cases, finding that they are

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related within the meaning of General Order 08-05, section 5, and Local Rule 83-1.3.

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(ECF No. 29.) In order to efficiently manage these related cases, the Court SETS a

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unified scheduling conference in all actions for Monday, September 22, 2014 at 1:30

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pm—the same date currently set for a scheduling conference in 2:14-cv-02577. The

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Court accordingly CONTINUES the scheduling conferences already set in 2:14-cv-

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02561 and 2:14-cv-02649 to that date.

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The Court understands that Defendant J.C. Penney Company Inc. has not yet

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answered the recently filed First Amended Complaint in 2:14-cv-02565. J.C. Penney

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Company is therefore not required to attend the scheduling conference or participate

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in Rule 26(f) discussions unless it answers the First Amended Complaint before the

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unified scheduling conference. Even if J.C. Penney Company does not answer by that

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date, it may specially appear at the scheduling conference and otherwise provide its

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input into the unified schedule without waiving any Rule 12 defenses.

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In anticipation of the unified scheduling conference, the Court ORDERS

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Plaintiff and all parties who have answered in the Deckers Cases to participate in joint

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Rule 26(f) discussions, preferably in person. The parties shall submit a Rule 26(f)

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report just like any other scheduling conference and file it in the master case file. But

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the report should include one set of dates that will govern all of the related actions. If

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one party disagrees with the others, that party may include its own position in the

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report. The parties shall file the joint report no later than seven days before the

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scheduling conference.

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The Court is especially interested in whether the parties believe that claim

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construction briefing is necessary. If so, the parties should also discuss whether they

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want to stay all but claim-construction discovery pending the Court’s claim

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construction. The parties may also include any other scheduling devices that could

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streamline discovery and minimize the need for duplicative motion practice.

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IT IS SO ORDERED.

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July 9, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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