Duhn Oil Tool Inc v. Cooper Cameron Corporation

Filing 473

ORDER On Plaintiff Duhn Oil Tool, Inc.'s Motion For Sanctions For Violation Of Scheduling Order, signed by Judge Oliver W. Wanger on 10/5/2010. (Scrivner, E)

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1 2 3 4 5 6 7 8 9 10 11 DUHN OIL TOOL, INC., 12 13 14 16 17 18 19 The Court, having considered Duhn Oil Tool, Inc.'s Motion for Sanctions for 20 Violation of Scheduling Order, and the arguments of counsel at the Pretrial 21 Conference on September 14, 2010, rules as follows: 22 1. The Court hereby grants Duhn's Motion for Sanctions regarding the 23 Bradley report and strikes all of the opinions set forth in paragraph IV of the report, 24 including any and all discussions of facts and circumstances supporting such 25 opinions. Cameron's expert, however, shall be permitted to discuss the practices 26 and procedures in connection with the patent process, including petitions to make 27 special, payment of maintenance fees as a large entity or small entity, and the 28 naming of inventors during the application process. The expert is also permitted to 93536 1 PDF created with pdfFactory trial version www.pdffactory.com ORDER ON PLAINTIFF DUHN OIL TOOL, INC.'S MOTION FOR SANCTIONS FOR VIOLATION OF SCHEDULING ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION CASE NO. 1:05-CV-01411-OWWGS A Honorable Oliver W. Wanger ORDER ON PLAINTIFF DUHN OIL TOOL, INC.'S MOTION FOR SANCTIONS FOR VIOLATION OF SCHEDULING ORDER Plaintiff/CounterclaimDefendant, vs. COOPER CAMERON 15 CORPORATION, Defendant/CounterclaimPlaintiff. 1 discuss any recognized standards of practice and/or duties of care, including the 2 duty of candor, and whether such practices were followed and/or whether the 3 standards of care were met in this case. 4 2. Cameron shall issue a revised report in accordance with this order by 5 October 20, 2010. Duhn shall be permitted to designate a rebuttal expert witness by 6 November 1, 2010, and issue a rebuttal report on or before November 15, 2010. 7 8 9 DATED: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 93536 It is so ORDERED. October 5, 2010 /s/ OLIVER W. WANGER UNITED STATES DISTRICT JUDGE PDF created with pdfFactory trial version www.pdffactory.com ORDER ON PLAINTIFF DUHN OIL TOOL, INC.'S MOTION FOR SANCTIONS FOR VIOLATION OF SCHEDULING ORDER 2

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