Enviro Tech Chemical Services Inc v. Albemarle Corporation

Filing 36

ORDER signed by Magistrate Judge Kimberly J. Mueller on 4/14/09 GRANTING 35 Stipulation and Proposed Order to further modify scheduling order. (Engbretson, K.)

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Joel W. Mohrman, Texas Bar No. 14253500, Pro Hac Vice Anderson L. Cao, Texas Bar No. 24031910, Pro Hac Vice MCGLINCHEY STAFFORD PLLC 1001 McKinney, Suite 1500 Houston, Texas 77002 Telephone: [phone] Facsimile: 713.520.1025 M. Taylor Florence, State Bar No. 159695 BU LLIV A N T HOUSER BAILEY PC 1415 L Street, Suite 1000 Sacramento, California 95814 Telephone: [phone] Facsimile: 916.930.2501 Attorneys for Defendant ALBEMARLE CORPORATION

UNITED STATES DISTRICT COURT EA STER N DISTRICT OF CALIFORNIA SACRAMENTO DIVISION Case No.: 2:08-CV-00374 KJM STIPULATION AND ORDER TO FURTHER MODIFY SCHEDULING ORDER

ENVIRO TECH CHEMICAL SERVICES, 15 INC., a California corporation, 16 17 vs. Plaintiff,

18 ALBEMARLE CORPORATION, a Virginia corporation, 19 Defendant. 20 AND RELATED COUNTERCLAIM. 21 22 23 24 25 26 27 28 Defendant Albemarle Corporation and Plaintiff Enviro Tech Chemical Services, Inc., by and through their undersigned counsel, hereby stipulate, pursuant to Local Rule 83-143, and mutually request to further extend certain dates appearing in the current Modified Scheduling Order, document no. 33 filed on January 21, 2009.
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The parties exchanged initial disclosures on November 7, 2008. As required by the present Scheduling Order, Plaintiff disclosed asserted claims and preliminary infringement contentions on March 16, 2009. In addition, the parties have continued their attempts to informally settle this matter. Presently, the parties have exchanged draft settlement documents and are attempting to come to agreement on the final terms of a written settlement agreement that has been proposed by

6 Defendant. As the parties believe that settlement is now likely and do not wish to expend 7 resources on further disclosure of litigation contentions, they ask that the Court again extend the 8 remaining dates in the Scheduling Order by 60 days. Such extension will conserve judicial 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By Audrey A. Millemann Attorneys for Plaintiff ENVIRO TECH CHEMICAL SERVICES, INC., a California corporation
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resources and maximize the efficiency of the litigation. Respectfully submitted, DATED: April 3, 2009 MCGLINCHEY STAFFORD, PLLC /s/ Joel W. Mohrman By Joel W. Mohrman Attorneys for Defendant ALBEMARLE CORPORATION, a Virginia corporation

DATED: April 3, 2009 BU LLIV A N T HOUSER BAILEY PC /s/ M. Taylor Florence By M. Taylor Florence Attorneys for Defendant ALBEMARLE CORPORATION, a Virginia corporation

DATED: April 3, 2009 WEINTRAUB GENSHLEA CHEDIAK /s/Audrey A. Millemann

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ORDER Pursuant to the foregoing stipulation of the parties, the current scheduling order is modified as follows: 1. March 16, 2009 Plaintiff filed its disclosure of asserted claims and preliminary infringement contentions with supporting documents. After this date, it is necessary to obtain leave of court to add and/or amend infringement contentions. Join additional parties. It is not necessary to file a motion to join additional parties before this date. Thereafter, it is necessary to obtain leave of court to join additional parties. Add new patents and/or claims for patents-in-suit. It is not necessary to file a motion to add patents or claims 2. June 19, 2009 Defendant to file its preliminary invalidity contentions with supporting documents. Thereafter, it is necessary to obtain leave of court to add and/or amend invalidity contentions. Add any inequitable conduct allegations to pleadings. Before this date, it is not necessary to file a motion for leave to add inequitable conduct allegations to pleadings. Thereafter, it is necessary to obtain leave of court to add inequitable conduct allegations to pleadings. Deadline for initial document production. 3. July 7, 2009 4. July 24, 2009 Parties to exchange proposed terms and claim elements for construction. Parties to exchange preliminary claim constructions and identify extrinsic evidence. Privilege logs to be exchanged by parties (or a letter to the court stating that there are no disputes as to claims of privileged documents). Parties to file their joint claim construction and prehearing statement. The statement is to include an expert witness designation and report on claims construction issues under Rule 26(a)(2).

5. August 25, 2009

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6. August 25, 2009 7 . September 8, 2009 8. September 18, 2009

Deadline for amended pleadings. R e sp o n s e s to amended pleadings due. Parties to complete discovery on claim construction, including expert depositions. Plaintiff to file its claim construction brief with supporting evidence. Two sets of binders to be provided to the court. Defendant to file its responsive claim construction brief with supporting evidence. Two sets of binders to be provided to the court. Plaintiff to file its reply claim construction brief with supporting evidence. Two sets of binders to be provided to the court. Parties to submit claim construction chart in WordPerfect 8.0 (or higher) format. Markman hearing to be held beginning at 9:00 a.m. before Judge Mueller.

9. October 9, 2009 10. October 23, 2009

11. November 9, 2009

12. November 23, 2009 13. January 4, 2010

If further proceedings are necessary after the Markman hearing, a further status conference will be set to establish the further discovery, pre-trial and trial schedule. IT IS SO ORDERED. DATED: April 14, 2009.

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