LML Holdings, Inc. v. Pacific Coast Distributing Inc. et al

Filing 101

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 10 LML HOLDINGS, INC., United States District Court Northern District of California 11 Plaintiff, Case No.: 11-CV-06173 YGR ORDER REGARDING ISSUES FOR APRIL 5, 2013 HEARING 12 13 14 vs. PACIFIC COAST DISTRIBUTING INC. et al., Defendant(s). 15 16 17 Claim Construction Canceled: The parties are advised that the Court will not be conducting 18 an early Markman hearing or claim construction. Based on the parties’ briefs, it is not apparent that 19 the claims should be construed outside of the context of jury instructions, or possibly summary 20 judgment. 21 Outstanding Discovery Issues: In light of that ruling, the parties are ORDERED to meet and 22 confer again on the outstanding discovery issues. To the extent that any issues remain, the parties 23 shall concisely summarize all remaining issues that counsel were unable to resolve in one joint 24 letter brief to be filed by no later than 12:00 p.m. on Thursday, April 4, 2013. Additionally, the 25 parties must provide the Court with a form of order on all issues on which the Court must rule. 26 The parties are advised that, in general, the discovery sought should be provided. The Court 27 will take no further action on the parties’ Discovery Letter Briefs (Dkt. Nos. 91 & 92). The parties 28 are expected to comply with the Court’s standing order on discovery disputes in the future. 1 Summary Judgment Letter: If Plaintiff still seeks leave to file a summary judgment motion, 2 by no later than 5:00 p.m. on Tuesday, April 2, 2013, Plaintiff must file another letter that 3 explains the grounds for the motion so that Defendants can file a written response addressing the 4 substance of the letter. Defendants’ written response shall be due by 5:00 p.m. on Thursday, 5 April 4, 2013. 6 This Order Terminates Docket Numbers 91 & 92. 7 IT IS SO ORDERED. 8 9 Date: March 29, 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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