Facebook, Inc. v. Guerbuez et al

Filing 24

Sealed Document. (srm, COURT STAFF) (Filed on 11/18/2008)

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Facebook, Inc. v. Guerbuez et al Doc. 24 Case 5:05-cv-01114-JW Document 22 Filed 06/21/2005 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION United United States District Court 11 For the Northern District of California Acacia Media Technologies Corporation, v. Plaintiff, NO. C 05-01114 JW ORDER FOLLOWING CASE MANAGEMENT CONFERENCE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 New Destiny Internet Group, et al., Defendant(s). And All Related and/or Consolidated Case Actions / The Court conducted a case management conference on June 14, 2005. Counsels for the Plaintiff and counsels for all Defendants were present. Defendants from the Central District and the Arizona District appeared telephonically. As to pending motions, the parties stipulated to the following: 1) With respect to the "Adult Entertainment Cases", Plaintiff voluntarily withdraws its Motion for Certification of a Defendant Class Action. 2) With respect to the "Cable/Satellite Cases", Defendants Cable America Corporation, Cable One, Inc., and NPG Cable, Inc., voluntarily withdraw their Motions for More Definite Statement. 3) The Plaintiff and Defendants from the Northern District of Ohio and Minnesota stipulated to Defendants' Motion to Add Counterclaims. / Dockets.Justia.com Case 5:05-cv-01114-JW Document 22 Filed 06/21/2005 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 4) Plaintiff's Motion for Clarification of the Role of Rainer Schulz was discussed. The Court has issued a separate Order proposing to amend the terms of appointment and allowing the parties a period of time to make any objections. 5) Plaintiff's Motion for Consolidation is deemed moot in light of the MDL order. In light of the MDL order, the Court invites any party who wishes to file a Motion for Reconsideration of the Court's Markman Order issued on July 12, 2004 to do so in accordance with the schedule set forth below. In the motion, the party shall identify the terms for which reconsideration is sought and any additional terms in the 992 and 702 patents that should be defined. A hearing is set for September 8 and 9, 2005, from 9 a.m. to 4 p.m. Pursuant to the Local Patent Rules of Court, all parties shall: 1) No later than July 29, 2005 serve on all other parties Proposed Terms and Claim Elements for Construction pursuant to Patent L.R. 4-1 and Preliminary Claim Constructions and Extrinsic Evidence pursuant to Patent L.R. 4-2. 2) No later than August 25, 2005 file a Joint Claim Construction Statement and Prehearing Statement pursuant to Patent L.R. 4-3. The statement shall be presented in the following chart format: Disputed Term Plaintiff's Proposed Construction Defendant's Proposed Construction United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties shall express their proposed construction in a manner suitable for incorporation into a jury instruction. For future case management conference, parties wishing to appear telephonically shall meet and confer and set up their own conference call in number. The parties shall notify the Courtroom Deputy Clerk, Mr. Ron Davis, three days prior to the date of conference. None of the dates set in this Order may be changed without an order of the Court made after a motion is duly filed and made pursuant to the Local Rules of this Court. Dated: June 21, 2005 /s/ James Ware JAMES WARE United States District Judge 2 Case 5:05-cv-01114-JW Document 22 Filed 06/21/2005 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Alan P. Block blocka@hbdlawyers.com Annamarie A. Daley aadaley@rkmc.com Bradford P. Lyerla blyerla@marshallip.com David A. York david.york@lw.com Harold J. McElhinny HmcElhinny@mofo.com J. Timothy Nardell EfilingJTN@cpdb.com James Michael Slominski jslominski@hh.com Jan J. Klohonatz jklohonatz@tcolaw.com Jason A. Crotty jcrotty@mofo.com Jeffrey D. Sullivan jeffrey.sullivan@bakerbotts.com Jeffrey H. Dean jdean@marshallip.com Jonathan E. Singer singer@fr.com Juanita R. Brooks brooks@fr.com Kevin D. Hogg khogg@marshallip.com Kevin I. Shenkman shenkmank@hbdlawyers.com Maria K. Nelson mknelson@jonesday.com Marsha Ellen Mullin memullin@jonesday.com Michael J. McNamara michael.mcnamara@bakerbotts.com Mitchell D. Lukin mitch.lukin@bakerbotts.com Morgan William Tovey mtovey@reedsmith.com Patrick J. Whalen pwhalen@spencerfane.com Paul A. Friedman pafriedman@mofo.com Rachel Krevans rkrevans@mofo.com Richard R. Patch rrp@cpdb.com Robert F. Copple rcopple@lrlaw.com Roderick G. Dorman dormanr@hbdlawyers.com Stephen E. Taylor staylor@tcolaw.com Stephen P. Safranski spsafranski@rkmc.com Todd Glen Miller miller@fr.com Todd R. Tucker ttucker@rennerotto.com Victor de Gyarfas vdegyarfas@foley.com Victor George Savikas vgsavikas@jonesday.com William J. Robinson wrobinson@foley.com William R. Overend woverend@reedsmith.com William R. Woodford woodford@fr.com Dated: June 21, 2005 Richard W. Wieking, Clerk By: /s/ JW Chambers Ronald L. Davis Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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