Alcohol Monitoring Systems, Inc. v. CB Home Detention Equipment and Services, Inc. et al

Filing 21

ORDER Setting Hearing Under Fed. R. Civ. P. 16: In Court Hearing set for 5/14/2009 at 09:00 AM in Courtroom A 601 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 4/21/09. (ebs, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 09-cv-00605-PAB ALCOHOL MONITORING SYSTEMS, INC., Plaintiff, v. CB HOME DETENTION EQUIPMENT AND SERVICES, INC., CHRISTINA MILLER, and W ALTER FREDERICK, Defendants. _____________________________________________________________________ ORDER SETTING HEARING UNDER FED. R. CIV. P. 16 _____________________________________________________________________ This matter comes before the Court upon a Complaint filed by the Plaintiff alleging the infringement of a patent. In light thereof, a hearing pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 is necessary. This is not a scheduling conference. The parties should not submit a proposed scheduling order. It is ORDERED: 1. A hearing is set for May 14, 2009 at 9:00 a.m. in Courtroom A601 at the

United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel shall bring their calendars. 2. Prior to the hearing, the parties shall meet and confer about the following

issues and be prepared to address them at the hearing: · · W hether there are issues of claim construction. W hether a hearing will be required under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996).

·

· ·

If a Markman hearing is required, whether discovery is necessary prior to such hearing. If so, what discovery is required. (This hearing does not substitute for a scheduling conference before the Magistrate Judge.) W hether there are any other issues or impediments to the setting of a Markman hearing. Other appropriate issues enumerated in Fed. R. Civ. P. 16(c).

DATED April 21, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

2