Deerpoint Group, Inc. v. Agrigenix, LLC et al

Filing 111

ORDER GRANTING 110 Stipulation to Amended Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 8/26/2020. Claim Construction Hearing set for 3/8/2021 at 1:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Rivera, O)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DEERPOINT GROUP, INC.,

12
13
14

Plaintiffs,

Case No. 1:18-cv-00536-AWI-BAM
ORDER GRANTING STIPULATION TO
AMEND SCHEDULING ORDER

v.
(Doc. No. 110)
AGRIGENIX LLC, et al.,

15

Defendants.

16
17

AGRIGENIX, LLC.,
Counterclaim Plaintiff,

18
19
20

v.
DEERPOINT GROUP, INC.,
Counterclaim Defendant.

21
22

CUSTOM AG FORMULATORS, INC.,
23
Counterclaim Plaintiff,
24
v.
25
DEERPOINT GROUP, INC.,
26
27

Counterclaim Defendant.

28
1

1

Pursuant to the parties’ stipulation, and good cause appearing based upon the medical

2

conditions of Deerpoint Group, Inc.’s employees, the Court GRANTS the parties’ request to

3

modify the scheduling order in this case. (Doc. No. 110.) Accordingly, IT IS HEREBY

4

ORDERED that the Amended Scheduling Order (Doc. No. 109) is modified as follows:
Parties Exchange Responsive Claim Constructions
(including citation to and production of associated
extrinsic evidence):

November 17, 2020

Parties File Joint Claim Construction Statement:

December 8, 2020

Claim Construction Discovery Deadline:

January 12, 2021

Parties File Opening Claim Construction Briefs:

January 26, 2021

Parties File Responsive Claim Construction Briefs:

February 9, 2021

12

Parties File Reply Claim Construction Briefs:

February 16, 2021

13

Claim Construction Hearing:

March 8, 2021
Time: 1:30 p.m.
Dept: 2 (AWI)

5
6
7
8
9
10
11

14
15

Non-Expert
Discovery Deadline:

March 16, 2021

17

Expert Disclosure:

April 27, 2021

18

Supplemental Expert
Disclosure:

May 23, 2021

Expert Discovery
Deadline:

June 22, 2021

21

Dispositive Motion
Filing Deadline:

July 20, 2021

22

All other deadlines set forth in the Amended Scheduling Order remain unchanged.

23

The Court notes that the parties filed their stipulation on August 25, 2020, two weeks after

16

19
20

24

the deadline for the parties to exchange claim constructions had lapsed on August 11, 2020. (See

25

Doc. Nos. 109, 110.) The parties are cautioned that future requests for extensions brought after

26

the applicable deadline has expired will be denied as untimely. See L.R. 144(d).

27
28

The parties are also advised that no further extensions or modifications of the deadlines in
this case will be granted absent a demonstrated showing of good cause. Good cause may consist
2

1

of the inability to comply with court orders in light of the COVID-19 pandemic. Any such future

2

difficulties should be explained.

3
4
5

IT IS SO ORDERED.
Dated:

/s/ Barbara

August 26, 2020

6

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3