Halo Electronics, Inc. v. Bel Fuse Inc. et al

Filing 360

JOINT STIPULATION AND ORDER 359 Setting Case Schedule Through Trial, or in the Alternative, for a Case Management Conference: Case Management Conference set for 9/23/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Jury Trial set for 12/5/2011 0 1:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set for 9/23/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 11/10/2011 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 3/23/11. (jg, COURT STAFF) (Filed on 3/24/2011)

Halo Electronics, Inc. v. Bel Fuse Inc. et al

Doc. 360

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Michael J. Kane ([e-mail]) (MN#247625) William R. Woodford ([e-mail]) (MN#322593) FISH & RICHARDSON P.C. 3200 RBC Plaza 60 South Sixth Street Minneapolis, MN 5540 Telephone: [phone] Facsimile: [phone] Juanita Brooks (CA #75934 / [e-mail]) FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, CA 92130 Telephone: [phone] Facsimile: [phone] Limin Zheng (CA #226875 / [e-mail]) FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff HALO ELECTRONICS, INC.

Harold C. Moore ([e-mail]) (IN#19004-49) David M. Lockman ([e-mail]) (IN#25258=49) MAGINOT, MOORE & BECK LLP Chase Tower 111 Monument Circle, Suite 3250 Indianapolis IN 46204 Telephone: [phone] Facsimile [phone] Attorneys for Defendant XFMRS, INC FLIESLER MEYER LLP Martin C. Fliesler (SBN 073768) [e-mail] Rex Hwang (SBN 063491) [e-mail] 650 California St., 14th Floor San Francisco, CA 94108 [phone] COZEN O'CONNOR Martin G. Raskin [pro hac vice] Andrew P. Nemiroff [pro hac vice] 250 Park Avenue New York, NY 10017 [phone] Attorneys for Defendant/Counterclaim-Plaintiff BEL FUSE, INC. *E-FILED - 3/24/11*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE DIVISION) HALO ELECTRONICS, INC., Plaintiff, v. BEL FUSE INC. and XFMRS, INC., Defendants.

Civil Case No. 07-6222 RMW (HRL) JOINT STIPULATED ADMINISTRATIVE MOTION FOR AN ORDER SETTING CASE SCHEDULE THROUGH TRIAL, OR IN THE ALTERNATIVE, FOR A CASE MANAGEMENT CONFERENCE; [] ORDER

Case No. 07-6222 RMW

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
1

On November 16, 2010, the Court issued its Claim Construction Order (Dkt No. 357). Pursuant to Civil Local Rule 7-11, the parties respectfully request that the Court issue an Order setting the case schedule through trial. In the alternative, the parties respectfully request that the Court set a date for a Case Management Conference. The parties met and conferred with regard to a proposed case schedule. The parties were unable to reach an agreement on certain dates by which the present case shall proceed. The parties hereby present their respective proposed dates for the Court's consideration and adoption: EVENT RELEVANT LOCAL RULE1 OR COURT'S STANDING ORDER No later than 30 days after Claim Construction Ruling (Patent L.R. 3-6(a)) No later than 50 days after Claim Construction Ruling (Patent L.R. 3-6(b)) No later than 50 days after Claim Construction Ruling (Patent L.R. 3-8) HALO PROPOSED DATES January 27, 2011 DEFENDANTS PROPOSED DATES January 27, 2011

Final Infringement Contentions

Final Invalidity Contentions

February 16, 2011

February 16, 2011

Defendants' Disclosure of Reliance on Advice of Counsel and Production of Opinion Fact Discovery Cut-Off Final Date for Motions to Compel Fact Discovery Deadline for Expert Reports for Issues on which the Parties Bear the

February 16, 2011

February 16, 2011

May 10, 2011 No more than 7 days after cut-off (Civ. L.R. 37-3) May 17, 2011

June 10, 2011

The applicable Patent Local Rules are the Patent Local Rules instituted on January 1, 2001, because this case was filed prior to March 1, 2008. 1
JOINT STIPULATED ADMINISTRATIVE MOTION FOR AN ORDER SETTING CASE SCHEDULE THROUGH TRIAL, OR IN THE ALTERNATIVE, FOR A CASE MANAGEMENT CONFERENCE Case No. 07-6222 RMW

28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Burden Deadline for Rebuttal Expert Reports Expert Discovery Cut-Off Final Date for Motions to Compel Expert Discovery Deadline for Filing Dispositive Motions Hearing on Dispositive Motions and Last Day to Contact the Court to Discuss Procedures If the Parties Wish to Mail a Questionnaire to Perspective Jurors Last Day for Counsel to Meet and Confer in Person or by Phone re Pretrial Requirements Trial Briefs; Motions in Limine; Daubert Motions; Discovery Designations; Proposed Voir Dire Questions; JOINTLY Prepared Proposed Jury Instructions; JOINTLY Prepared Proposed Verdict Form; JOINT Pretrial No later than 7 days after cut-off (Civ. L.R. 37-3) July 1, 2011

July 26, 2011 August 2, 2011

August 19, 2011

September 23, 2011 CMC* No later than 45 days before the Pretrial Conference (Standing Order) September 26, 2011 xxxxxxxxxxxxxxxxx No later than 45 days xxxxxxxxxxxxxx before the Pretrial xxxxxxxxxx Conference

No later than 15 days before the Pretrial Conference (Standing Order)

October 26, 2011

xxxxxxxxxxxxxxxxxx No later than 15 days xxxxxxxxxxxxxx before the Pretrial Conference xxxxxxxxxx

No later than 10 court days before the Pretrial Conference (Standing Order)

October 27, 2011

xxxxxxxxxxxxxxxxx No later than 10 court days before the xxxxxxxxxxx xxxxxxxxxxxxxxxx Pretrial Conference

2

JOINT STIPULATED ADMINISTRATIVE MOTION FOR AN ORDER SETTING CASE SCHEDULE THROUGH TRIAL, OR IN THE ALTERNATIVE, FOR A CASE MANAGEMENT CONFERENCE Case No. 07-6222 RMW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Statement Last Day to Meet Any objections to the and Confer proposed voir dire, Regarding proposed verdict Objections to forms, or the Proposed Voir Dire, authenticity or Proposed Verdict admissibility of any Forms, or trial exhibits must be Authenticity or accompanied by a Admissibility of certification that any Trial Exhibits counsel conferred with opposing counsel regarding such objections (Standing Order) Oppositions to Motions in Limine; Oppositions to Daubert Motions; Objections to Use of Deposition Excerpts or Other Discovery Responses; CounterDesignations; Objections to Proposed Voir Dire, Proposed Verdict Forms, or Authenticity or Admissibility of any Trial Exhibits Objections to CounterDesignations Pretrial Conference No later than 5 court days before the Pretrial Conference (Standing Order) November 1, 2011 xxxxxxxxxxxxxxx No later than 7 court days before the xxxxxxxxxxx Pretrial Conference xxxxxxxxxxxxxxx

November 3, 2011

xxxxxxxxxxxxxxx No later than 5 court xxxxxxxxxxxx days before the Pretrial Conference xxxxxxxxxxxxxxxx

The day before the Pretrial Conference (Standing Order) The Court holds pretrial conferences on Thursdays at 2:00 p.m., and 20 days before trial (Court's Calendar) Jury Selections on Mondays at 1:30 p.m. (Court's Calendar)

November 9, 2011

xxxxxxxxxxxxxxx The day before the xxxxxxxxxxxxxxx Pretrial Conference xxxxxxxxxxxxxxx Twenty (20) days xxxxxxxxxx before trial

November 10, 2011, at 2:00 p.m.

Trial

Starting on December 5, 2011 at 1:00 p.m.

xxxxxxxxxxxxxxxxx Starting on February xxxxxxxxxxxxxxxxx 27, 2012 at 1:00 p.m.

3

JOINT STIPULATED ADMINISTRATIVE MOTION FOR AN ORDER SETTING CASE SCHEDULE THROUGH TRIAL, OR IN THE ALTERNATIVE, FOR A CASE MANAGEMENT CONFERENCE NewCase No. 07-6222 RMW Text

1 2 3 4 5 6 7 8 9 10 11 12 Dated: ___ February 4, 2011 13 14 15 16 17 18 19 20 Dated: ___ February 4, 2011 Dated: ___February 4, 2011

Respectfully submitted,

FISH & RICHARDSON P.C. By: ___ /s/ Michael J. Kane________________ Michael J. Kane Attorneys for Plaintiff HALO, INC.

COZEN O'CONNOR By: ___ /s/ Andrew P. Nemiroff _____________ Andrew P. Nemiroff Attorneys for Defendant/Counterclaim-Plaintiff BEL FUSE, INC.

MAGINOT, MOORE & BECK LLP By: ___ /s/ Harold C. Moore ________________ Harold C. Moore Attorneys for Defendant XMFRS, INC.

Pursuant to the Northern District of California Electronic Filing Procedures and General Order No. 45, I attest that concurrence in the filing of this document has been obtained from counsel for the parties, the signatories listed above.

21 22 23 24 25 26 27 28
4
JOINT STIPULATED ADMINISTRATIVE MOTION FOR AN ORDER SETTING CASE SCHEDULE THROUGH TRIAL, OR IN THE ALTERNATIVE, FOR A CASE MANAGEMENT CONFERENCE Case No. 07-6222 RMW

Dated: ___ February 4, 2011

FISH & RICHARDSON P.C. By: /s/ Limin Zheng Limin Zheng Attorney for Plaintiff HALO, INC.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3/23/11 Dated: ___________________ IT IS SO ORDERED.

[]

ORDER

Good cause having been shown, the Court grants the parties' administrative request and adopts the case schedule proposed by Halo.

__________________________________ HONORABLE RONALD M. WHYTE United States District Judge

*Although the Court anticipates that the schedule proposed by Halo is realistic, the Court will re- evaluate the remaining schedule at the September 23, 2011 Case Management Conference.

5

JOINT STIPULATED ADMINISTRATIVE MOTION FOR AN ORDER SETTING CASE SCHEDULE THROUGH TRIAL, OR IN THE ALTERNATIVE, FOR A CASE MANAGEMENT CONFERENCE Case No. 07-6222 RMW