H & M Gopher Control, et al v. Benchmark Pest Control, Inc., et al

Filing 12

ORDER SETTING FURTHER SCHEDULING CONFERENCE, signed by Magistrate Judge Jennifer L. Thurston on 4/17/2018. Further Scheduling Conference set for 8/6/2018 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Joint report due by 7/30/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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H & M GOPHER CONTROL, et al.,

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Case No.: 1:17-CV-1700- JLT

Plaintiffs,

ORDER SETTING FURTHER SCHEDULING
CONFERENCE

v.
BENCHMARK PEST CONTROL, INC., et al.,

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Defendants.

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At the time set for the scheduling conference, the Court and counsel discussed how to most

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efficiently move this case forward. Thus, rather than fully scheduling the case, the Court set

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deadlines to address preliminary issues. Thus, the Court ORDERS:

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1.

The parties SHALL make their initial disclosures no later than May 22, 2018. In

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addition to the requirements of Fed.R.Civ.P. 26, the defendant SHALL disclose information

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related to the number of machines at issue and the financial data associated therewith;

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2.

No later than May 22, 2018, the defendant’s counsel SHALL provide the

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plaintiff’s counsel with its informal brief re: the claim construction. No later than June 22, 2018,

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the plaintiff’s counsel SHALL provide an informal brief to opposing counsel setting forth its

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position as to the claim construction and addressing the points raised by the defendant. The

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defendant SHALL provide its informal reply brief to the plaintiff’s counsel by July 6, 2018. The

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purpose of the informal briefs is to attempt to resolve disputes related to the claim construction.
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The Court anticipates that all such issues will be raised in the informal briefs and there will be no

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surprises in the formal briefs related to the claim construction motion;

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3.

The Court sets a further scheduling conference on August 6, 2018 at 9:00 a.m. By

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July 30, 2018, the parties SHALL file a joint report setting forth the status of the claims

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construction issue and identifying where there is agreement and where there is dispute. The report

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SHALL propose dates for the remainder of the schedule, including the earliest date for the filing

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of the claims construction motion, and discuss whether there is agreement to the Court appointing

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an expert.

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IT IS SO ORDERED.
Dated:

April 17, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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