Angioscore, Inc. v. Trireme Medical, Inc. et al

Filing 254

ORDER REGARDING DISCOVERY AND AMENDING PRETRIAL AND TRIAL SCHEDULE. Signed by Judge Yvonne Gonzalez Rogers on 7/22/14. (fs, COURT STAFF) (Filed on 7/22/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ANGIOSCORE, INC.,

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Plaintiff,
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v.
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TRIREME MEDICAL, LLC (f/k/a TRIREME
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MEDICAL, INC.), EITAN KONSTANTINO,
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QUATTRO VASCULAR PTE LTD. and QT
)
VASCULAR LTD. (f/k/a QT VASCULAR PTD. )
LTD.),
)
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Defendants.
)
)
)

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[PROPOSED] ORDER REGARDING DISCOVERY AND
AMENDING PRETRIAL AND TRIAL SCHEDULE
CASE NO.: 4:12-CV-3393-YGR

CASE NO.: 4:12-cv-3393-YGR
[PROPOSED] ORDER REGARDING
DISCOVERY AND AMENDING
PRETRIAL AND TRIAL
SCHEDULE
Hon. Yvonne Gonzalez Rogers

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Pursuant to the Court’s July 8 Order, a Case Management Conference was held on

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July 11, 2014 before the Honorable Yvonne Gonzalez Rogers. The Court, having considered the

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oral and written arguments of the parties, HEREBY ORDERS AS FOLLOWS:

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Plaintiff AngioScore, Inc.’s discovery served on June 30, 2104, as set forth herein is

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deemed withdrawn: (1) Second Set of Requests for Admissions to Defendants (Nos. 52-116);

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(2) Ninth Set of Requests for the Production of Documents and Things by TriReme Medical,

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LLC and Eitan Konstantino (Nos. 183-195); (3) Second Set of Requests for the Production of

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Documents and Things by QT Vascular Ltd. (Nos. 127-139); (4) Second Set of Requests for the

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Production of Documents and Things by Quattro Vascular Pte Ltd. (Nos. 127-139); (5) Fourth

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Set of Interrogatories to TriReme Medical, LLC (Nos. 21-25); (6) Third Set of Interrogatories to

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Eitan Konstantino (Nos. 17-24); (7) Second Set of Interrogatories to QT Vascular Ltd. (Nos. 21-

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25); and (8) Second Set of Interrogatories to Quattro Vascular Pte Ltd. (Nos. 21-25).

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Defendant Eitan Konstantino’s discovery served on July 1, 2014, as set forth herein is

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deemed withdrawn: (1) First Set of Document Requests to Plaintiff AngioScore, Inc.; and (2)

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Third Set of Interrogatories to Plaintiff AngioScore, Inc..

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The parties may serve replacement sets of written discovery requests, and provide
responses thereto, pursuant to the amended schedule set forth below.

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Defendants are permitted to obtain deposition testimony from Plaintiff’s designees Tom

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Trotter, Gary Gershony, Lu Lee and Jim Andrews pursuant to Defendants’ previously served

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30(b)(6) topics pertaining to Plaintiff’s patent law claims. Nothing in this order is intended to

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preclude or limit the parties from obtaining deposition testimony related to Plaintiff’s state law

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claims.

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Plaintiff is permitted to serve deposition notices and obtain deposition testimony from

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Defendants Quattro Vascular Pte Ltd. and QT Vascular Ltd. pertaining to all claims and

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counterclaims.

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The Court further finds that good cause has been shown to amend the pretrial and trial
schedule. Fed. R. Civ. P. 16. Accordingly, the Court hereby amends the prior Case

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[PROPOSED] ORDER.REGARDING DISCOVERY AND
AMENDING PRETRIAL AND TRIAL SCHEDULE
CASE NO.: 4:12-CV-3393-YGR

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Management Order (Dkt. No. 219) and orders the parties to comply with the following new case

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schedule:

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Parties to Serve Replacement Sets of Requests
for Production, Interrogatories, and Requests for
Admission Related to Plaintiff’s State Law
Claims

July 18, 2014

Parties to Supplement Initial Disclosures on
Patent Claims and Supplement Prior Written
Discovery Responses

July 25, 2014

Parties to Serve Initial Disclosures on Plaintiff’s
Newly Added State Law Claims

July 25, 2014

Defendants to Respond to Fourth Amended
Complaint

July 31, 2014

Parties to Serve Responses and Objections to
Requests for Production Served on July 18,
2014

August 1, 2014

Plaintiff to Respond to Any Motion to Dismiss
the Fourth Amended Complaint

August 8, 2014

Reply to Any Opposition to a Motion to
Dismiss Due

August 15, 2014

Parties to Serve Responses and Objections to
Interrogatories and Requests for Admission
Served on July 18, 2014

August 18, 2014

Plaintiff’s Proposal: Supplemental
Disclosure of Plaintiff’s Damages
Expert Due on August 15, 2014

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Defendants’ Proposal: Disclosure of
Plaintiff’s Damages Expert on
Plaintiff’s Newly Added State Law
Claims Due on August 15, 2014

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Disclosure Of Experts (Retained/Nonretained):

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All other expert disclosures regarding
state law claims and rebuttal
disclosures regarding patent law
claims: TBD at August 22, 2014 Case
Management Conference

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Case Management Conference

August 22, 2014 at 9:00 a.m.

Private Mediation Before Judge Infante To Take
Place On:

September 11, 2014

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Non-Expert Discovery Cutoff

October 31, 2014

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[PROPOSED] ORDER REGARDING DISCOVERY AND
AMENDING PRETRIAL AND TRIAL SCHEDULE
CASE NO.: 4:12-CV-3393-YGR

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Expert Discovery Cutoff:

TBD at August 22, 2014 Case
Management Conference

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Daubert Motions (Or Authorized Summary
Judgment Motions)

TBD at August 22, 2014 Case
Management Conference

Compliance Hearing

February 13, 2015

Joint Pre-trial Conference Statement:

February 27, 2015

Pretrial Conference:

March 20, 2015 at 9:00 a.m.

Trial Date And Length:

April 13, 2015 at 8:30 a.m. for 7-10
days (Jury Trial)

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IT IS SO ORDERED.

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Dated: July 22, 2014
HON. YVONNE GONZALEZ ROGERS
UNITED STATES COURT DISTRICT JUDGE

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[PROPOSED] ORDER REGARDING DISCOVERY AND
AMENDING PRETRIAL AND TRIAL SCHEDULE
CASE NO.: 4:12-CV-3393-YGR

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