Stephen J. Smith Trust et al v. Ethicon, Inc.

Filing 9

ORDER SETTING HEARING UNDER FED.R.CIV.P. 16: Scheduling Conference set for 2/23/2007 03:30 PM in Courtroom A 901 before Judge Marcia S. Krieger. No later than 12/22/06 the Plaintiffs shall serve a copy of this Order on the Defendant with the Complaint, or without the Complaint if the Complaint has already been served on the Defendant, and file a certificate of service with the Court no later than 1/5/07. Signed by Judge Marcia S. Krieger on 12/5/06. (dln, )

Stephen J. Smith Trust et al v. Ethicon, Inc.

Doc. 9

Case 1:06-cv-02371-MSK-MEH

Document 9

Filed 12/05/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 06-cv-02371-MSK-MEH STEPHEN J. SMITH TRUST, and STEPHEN J. SMITH, a natural person, individually, Plaintiffs, v. ETHICON, INC., a New Jersey corporation, Defendant.

ORDER SETTING HEARING UNDER FED.R.CIV.P. 16 THIS MATTER comes before the Court upon a Complaint filed by the Plaintiffs alleging the infringement of a patent. Because there may be a dispute regarding the construction of the patent, a hearing pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 is necessary. IT IS ORDERED that: (1) A hearing is set for February 23, 2007 at 3:30 p.m. in Courtroom A901 of the United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel who will try the case shall attend the hearing. No later than January 23, 2007, the parties shall meet and confer regarding the contents of the proposed scheduling order pursuant to Fed. R. Civ. P. 26(f). On or before February 13, 2007, and in conformance with Fed. R. Civ. P. 26(f), D.C.COLO.LCivR 16.1, 16.2 and 26.1, and this Order, the parties shall prepare and submit a proposed scheduling order. The proposed scheduling order shall be in the form specified by D.C.COLO.LCivR Appendix F except that: (a) (b) It shall not contain a signature line for a judicial officer. It shall address the following: · Whether a hearing is required under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996). ·What discovery is necessary at each stage of the litigation. It shall not address the matters set forth in Section 8 (Case Plan and

(2) (3)

(c)

Dockets.Justia.com

Case 1:06-cv-02371-MSK-MEH

Document 9

Filed 12/05/2006

Page 2 of 2

Schedule), Section 10 (Other Scheduling Issues) or Section 11 (Dates for Further Conferences) of Appendix F. (4) At the hearing, the parties shall be prepared to address the issues covered by the proposed scheduling order and any other issues enumerated in Fed. R. Civ. P. 16(c). No later than December 22, 2006, the Plaintiffs shall serve a copy of this Order on the Defendant with the Complaint, or without the Complaint if the Complaint has already been served on the Defendant, and file a certificate of service with the Court no later than January 5, 2007.

(5)

Dated this 5th day of December, 2006 BY THE COURT:

Marcia S. Krieger United States District Judge

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