Applied Materials, Inc. v. Advanced Micro-Fabrication Equipment (Shanghai) Co, LTD et al

Filing 169

ORDER Adopting, as Modified the Special Master's Recommendation re Amendment to the Scheduling Order re 167 Status Report filed by Thomas HR Denver, 168 Stipulation filed by Applied Materials, Inc. The Pretrial set for 9/22/2008 is continued to 11/17/2008 11:00 AM. The Court modifies the Special Master's Recommendation re Scheduling Order as follows: Close of All Discovery due by 4/3/2009, Last Date to Hear Dispsostiive Motions due by 6/8/2009, Preliminary Pretrial Conference set for 3/9/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 9/17/2008. (ecg, COURT STAFF) (Filed on 9/17/2008)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLIED MATERIALS, INC., Plaintiff, DISCOVERY REPORT NO. 1 vs. ADVANCED MICRO-FABRICATION EQUIPMENT, INC., et al., Defendants. No. C 07-05248 JW

ORDER ADOPTING, AS MODIFIED THE SPECIAL MASTER'S RECOMMENDATION RE: AMENDMENT TO THE SCHEDULING ORDER

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Over the last several months, the Special Master has worked with counsel in revising plaintiff's identification of trade secrets. In addition, the Special Master has ruled on a number of discovery disputes and worked with counsel in an attempt to establish a discovery plan. Under the court's March 4, 2008, scheduling order, this matter is set for a preliminary pretrial conference on September 22, 2008, at 11:00 a.m. The Special Master believes that that date is unrealistic given the present state of discovery and discovery planning and recommends that the date be vacated and reset for November 17, 2008, a date provided by the court clerk, at 11:00 a.m.

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In ongoing conferences with counsel, the Special Master will see that a discovery plan is established, including limitations on the number and duration of depositions, as well as on a more general discovery plan. Counsel for the parties have provided the Special Master with their suggestions for discovery and pretrial conference dates. Having reviewed those suggestions and having in mind the discovery which counsel have indicated they intend to conduct, the Special Master recommends the following schedule, which he believes should apply to both the case-in-chief and to the counter claims. The Special Master makes no recommendation, at this time, regarding bifurcation or separate trial of the counter claims. These recommended dates might require modification, at the preliminary pretrial conference, in light of the progress made in discovery prior to that conference. Initial expert reports Motions to exclude experts Rebuttal expert reports Preliminary pretrial statements Preliminary pretrial conference Hearing on motions to exclude experts Close of all discovery is April 3, 2009 Last date to hear dispositive motions February 6, 2009 February 13, 2009 February 20, 2009 February 27, 2009

Maror about March a.m. On ch 9, 2009 at 11 9, 2009, on a date convenient to the court's calendar Motions to Exclude Experts convenient as the Mid-March 2009, at a date are treated to motionscalendar Accordingly, the deadline for court's in limine. filing these motions will be set in the Court's Preliminary Pretrial Order. April 3, 2009 June 12, 2009 June 8, 2009 at 9 a.m.

Based on the present state of discovery and counsel's indication of contemplated further discovery, the Special Master believes these dates are realistic.

Dated: September 17, 2008.

______/s/ Thomas HR Denver________ THOMAS HR DENVER

IT IS SO ORDERED Dated: September 17, 2008

________________________________ JAMES WARE United States District Judge -2-

DISCOVERY REPORT NO. 1