LML Holdings, Inc. v. Pacific Coast Distributing Inc. et al
Filing
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ORDER REGARDING ISSUES FOR APRIL 5, 2013 HEARING. Signed by Judge Yvonne Gonzalez Rogers on 3/29/13. (fs, COURT STAFF) (Filed on 3/29/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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LML HOLDINGS, INC.,
United States District Court
Northern District of California
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Plaintiff,
Case No.: 11-CV-06173 YGR
ORDER REGARDING ISSUES FOR APRIL 5,
2013 HEARING
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vs.
PACIFIC COAST DISTRIBUTING INC. et al.,
Defendant(s).
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Claim Construction Canceled: The parties are advised that the Court will not be conducting
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an early Markman hearing or claim construction. Based on the parties’ briefs, it is not apparent that
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the claims should be construed outside of the context of jury instructions, or possibly summary
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judgment.
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Outstanding Discovery Issues: In light of that ruling, the parties are ORDERED to meet and
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confer again on the outstanding discovery issues. To the extent that any issues remain, the parties
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shall concisely summarize all remaining issues that counsel were unable to resolve in one joint
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letter brief to be filed by no later than 12:00 p.m. on Thursday, April 4, 2013. Additionally, the
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parties must provide the Court with a form of order on all issues on which the Court must rule.
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The parties are advised that, in general, the discovery sought should be provided. The Court
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will take no further action on the parties’ Discovery Letter Briefs (Dkt. Nos. 91 & 92). The parties
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are expected to comply with the Court’s standing order on discovery disputes in the future.
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Summary Judgment Letter: If Plaintiff still seeks leave to file a summary judgment motion,
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by no later than 5:00 p.m. on Tuesday, April 2, 2013, Plaintiff must file another letter that
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explains the grounds for the motion so that Defendants can file a written response addressing the
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substance of the letter. Defendants’ written response shall be due by 5:00 p.m. on Thursday,
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April 4, 2013.
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This Order Terminates Docket Numbers 91 & 92.
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IT IS SO ORDERED.
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Date: March 29, 2013
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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United States District Court
Northern District of California
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