Enviro Tech Chemical Services Inc v. Albemarle Corporation

Filing 41

STIPULATION and ORDER TO MODIFY THE 06/11/09 SCHEDULING ORDER signed by Magistrate Judge Kimberly J. Mueller on 08/20/09; the Markman hearing is CONTINUED to 04/16/10 at 09:00 AM in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. See order for further deadlines. (Benson, A.)

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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 Michael S. Wilcox, SBN 215269 BULLIVANT 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 EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION Case No.: 2:08-CV-00374 KJM STIPULATION AND ORDER TO MODIFY THE JUNE 11, 2009 SCHEDULING ORDER

ENVIRO TECH CHEMICAL SERVICES, 14 INC., a California corporation, 15 16 vs. Plaintiff,

17 ALBEMARLE CORPORATION, a Virginia corporation, 18 Defendant. 19 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. 38, filed on June 11, 2009. 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. The parties thereafter agreed to seek to extend all scheduled dates as needed so as to continue settlement negotiations and avoid further discovery.
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The parties are now on the verge of finalizing their long-negotiated settlement agreement and believe that only a final meeting and exchange of data is necessary to conclude this matter. As such, they do not wish to expend resources on the disclosure of litigation contentions or the production of documents and, therefore, ask the Court, one further time, to extend the remaining dates in the Scheduling Order by 30 days. The parties believe that such an extension will conserve judicial resources. DATED: August 17, 2009 MCGLINCHEY STAFFORD, PLLC

By /s/ Joel W. Mohrman Joel W. Mohrman Attorneys for Defendant ALBEMARLE CORPORATION, a Virginia corporation DATED: August 17, 2009 BULLIVANT HOUSER BAILEY PC

By /s/ Michael S. Wilcox M. Taylor Florence Michael S. Wilcox Attorneys for Defendant ALBEMARLE CORPORATION, a Virginia corporation DATED: August 17, 2009 WEINTRAUB GENSHLEA CHEDIAK

By /s/ Audrey A. Millemann Audrey A. Millemann Attorneys for Plaintiff ENVIRO TECH CHEMICAL SERVICES, INC., a California corporation

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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 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. 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). Deadline for amended pleadings. Responses to amended pleadings due.

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8. December 21, 2009 9. January 19, 2010 10. February 2, 2010

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.

11. February 9, 2010

12. February 23, 2010 13. April 16, 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: August 20, 2009.
11856363.1

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