Advanced Steel Recovery, LLC v. X-Body Equipment, Inc. et al

Filing 31

ORDER signed by Judge Garland E. Burrell, Jr., on May 30, 2013 re 30 . The claims construction breifing schedule will be adjusted as follows: The parties shall simultaneously file Opening Claim Construction Briefs and supporting Evidence by 06/24/2013; The parties shall file Responsive Claim Construction Briefs by 07/12/2013; Technology Tutorial before the Court will be held on 07/12/2013 at 1:30 PM; Claim Construction Hearing remains set for 07/29/2013 at 10:00 AM. (Rivas, A)

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GIBSON, DUNN & CRUTCHER LLP
Wayne Barsky, SBN 116731
[e-mail]
Casey J. McCracken, SBN 271202
[e-mail]
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520
Attorneys for Plaintiff
ADVANCED STEEL RECOVERY, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADVANCED STEEL RECOVERY, LLC,

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Plaintiff,

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v.

CASE NO. 2:12-cv-01004-GEB-DAD
JOINT MOTION TO ADJUST CLAIM
CONSTRUCTION BRIEFING AND
TECHNOLOGY TUTORIAL SCHEDULE;
PROPOSED ORDER

X-BODY EQUIPMENT, INC., and JEWELL
ATTACHMENTS, LLC,
Defendants.

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JOINT MOTION TO ADJUST CLAIM CONSTRUCTION BRIEFING AND
TECHNOLOGY TUTORIAL SCHEDULE

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Plaintiff Advanced Steel Recovery, LLC (“ASR”) and Defendants X-Body Equipment, Inc.

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(“X-Body”) and Jewell Attachments, LLC (“Jewell”) (collectively “Defendants”) through their

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undersigned counsel, hereby jointly move the Court to adjust certain claim construction briefing and

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technology tutorial deadlines as follows:

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Event

Current Date

New Date

The Parties Shall Simultaneously File
Opening Claim Construction Briefs and
Supporting Evidence

June 3, 2013

June 24, 2013

The Parties Shall File Responsive Claim
Construction Briefs

June 17, 2013

July 12, 2013

Technology Tutorial Before the Court

June 17, 2013 at 10:00
a.m.

July 12, 2013 at 1:30
p.m.

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Gibson, Dunn &
Crutcher LLP

JOINT MOTION TO ADJUST CLAIM
CONSTRUCTION BRIEFING AND TECHNOLOGY
TUTORIAL SCHEDULE; PROPOSED ORDER

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Event

Current Date

New Date

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Claim Construction Hearing

July 29, 2013 at 10:00
a.m.

July 29, 2013 at 10:00
a.m.
(no change)

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On July 31, 2012, this Court entered a Status (Pretrial Scheduling) Order (D.I. 22) setting
forth a case schedule in this action.

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On May 13, 2013 the Court, pursuant to a stipulation of the parties, extended the deadline for

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the parties to file opening claim construction briefs from May 20, 2013 to June 3, 2013. (D.I. 28.)

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This joint motion is the second request to extend the opening claim construction brief deadline and

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the first request to extend the responsive claim construction brief deadline and technology tutorial

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date.

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The parties have been engaging in good-faith settlement discussions in an effort to resolve

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this matter in the immediate future. The parties believe that the possibility of realizing a resolution to

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this matter would be increased if the current claim construction schedule were adjusted as set forth

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above.

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The requested extension would promote judicial economy and allow the Court to conserve
valuable resources, including the time and effort of its staff.

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The parties believe that the requested extension will also conserve the parties’ time and

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resources by allowing them to continue exploring viable opportunities to resolve this matter in good

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faith.

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The requested extension will not affect the claim construction hearing scheduled for July 29,
2013 or the remainder of the pre-trial schedule.
Based on the foregoing, the parties respectfully request that the Court adjust the claim
construction briefing deadlines and technology tutorial hearing date as set forth in the chart above.

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DATED: May 29, 2013

GIBSON, DUNN & CRUTCHER LLP

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Gibson, Dunn &
Crutcher LLP

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JOINT MOTION TO ADJUST CLAIM
CONSTRUCTION BRIEFING AND TECHNOLOGY
TUTORIAL SCHEDULE; PROPOSED ORDER

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By: /s/ Casey J. McCracken____________
Casey J. McCracken

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Attorneys for Plaintiff ADVANCED STEEL
RECOVERY, LLC

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DATED: May 29, 2013

SEDGWICK LLP
By: /s/ Robert Harkins_______________
Robert Harkins
Attorneys for Defendants X-BODY EQUIPMENT,
INC. AND JEWELL ATTACHMENTS, LLC

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Gibson, Dunn &
Crutcher LLP

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JOINT MOTION TO ADJUST CLAIM
CONSTRUCTION BRIEFING AND TECHNOLOGY
TUTORIAL SCHEDULE; PROPOSED ORDER

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ORDER

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Having reviewed the parties’ Joint Motion to Adjust Claim Construction Briefing and

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Technology Tutorial Schedule and the Court’s files in this matter,
IT IS HEREBY ORDERED that the claim construction briefing schedule will be adjusted as

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reflected in the table below:

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Event

Current Date

New Date

The Parties Shall Simultaneously File
Opening Claim Construction Briefs and
Supporting Evidence

June 3, 2013

June 24, 2013

The Parties Shall File Responsive Claim
Construction Briefs

June 17, 2013

July 12, 2013

Technology Tutorial Before the Court

June 17, 2013 at 10:00
a.m.

Claim Construction Hearing

July 29, 2013 at 10:00
a.m.

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July 12, 2013, at 1:30
p.m.
July 29, 2013 at 10:00
a.m.
(no change)

IT IS SO ORDERED.
Date: 5/30/2013

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___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

61khh4bb

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Gibson, Dunn &
Crutcher LLP

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JOINT MOTION TO ADJUST CLAIM
CONSTRUCTION BRIEFING AND TECHNOLOGY
TUTORIAL SCHEDULE; PROPOSED ORDER