Frilly Jilly LLC v. Coconut Grove Intimates Inc.

Filing 21

ORDER Setting Hearing Under FED.R.CIV.P. 16 for 2/12/2010 10:00 AM in Courtroom A 701 before Judge Philip A. Brimmer, by Judge Philip A. Brimmer on 12/23/09. (pabcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 09-cv-00968-PAB FRILLY JILLY LLC, a Colorado limited liability company, Plaintiff, v. COCONUT GROVE INTIMATES INC., a Canadian company, and SIGNATURE STYLES, LLC, a Delaware corporation, Defendants. _____________________________________________________________________ ORDER SETTING HEARING UNDER FED. R. CIV. P. 16 _____________________________________________________________________ This matter comes before the Court upon the Second Amended Complaint [Docket No. 11] filed by the Plaintiff alleging the infringement of a patent. In light thereof, a hearing pursuant to Fed. R. Civ. P. 16 is appropriate. It is ORDERED that: 1. A hearing is set for February 12, 2010 at 10:00 a.m. in Courtroom A701

at the United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel shall bring their calendars. This is not a scheduling conference. The parties should not submit a proposed scheduling order. 2. Prior to the hearing, the parties shall meet and confer about the following

issues and be prepared to address them at the hearing: · · Whether there are issues of claim construction. Whether 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.) Whether 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 December 23, 2009 BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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