Hildebrand v. City of Boulder

Filing 67

SECOND AMENDED SCHEDULIN ORDER IN A PATENT CASE granting 65 Joint Motion to Amend the Amended Scheduling Order by Magistrate Judge Michael E. Hegarty on 5/27/2015. Fact fiscovery due by 11/13/2015. Dispositive Motions due by 11/20/2015.(mdave, ) Modified on 5/28/2015 to edit file date (mdave, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-3344-REB-MEH
(Consolidated with Civil Action No. 14-cv-425-REB-MEH)
DAVID L. HILDEBRAND,
Plaintiff/Counter Defendant,
v.
MONROE TRUCK EQUIPMENT, INC.,
Defendant/Counter Claimant.

SECOND AMENDED SCHEDULING ORDER IN A PATENT CASE
On May 27, 2015, the parties filed a Joint Motion to Amend the Amended
Scheduling Order (docket #65) in this matter to accommodate claim construction
proceedings under the Local Patent Rules.

On May 28, 2015, the Court held a

Markman hearing and a claim construction order is forthcoming. The Court finds there
is good cause to amend the Amended Scheduling Order entered on August 12, 2014
(Docket #39), and hereby amends Paragraph 8 of the Scheduling Order, by replacing
the relevant portions with the following:

8. CASE PLAN AND SCHEDULE
Final Patent Disclosures
n.

Deadline to file Final Infringement Contentions: 28 days after the
Court’s Claim Construction Order.

o.

Deadline to file Final Invalidity Contentions: 21 days after receiving
Final Infringement Contentions.

Fact Discovery, Expert Disclosures, and Dispositive Motions Deadlines
p.

Fact discovery deadline: November 13, 2015.

q.

Expert Witness Disclosure.
3.

The parties shall designate all affirmative experts and provide
opposing counsel and any pro se parties with all information
specified in Fed. R. Civ. P. 26(a)(2) on or before September
18, 2015. This deadline includes disclosure of information
applicable to "Witnesses Who Must Provide A Written Report"
under Rule 26(a)(2)(B) and information applicable to
"Witnesses Who Do Not Provide a Written Report" under
Rule 26(a)(2)(C).

4.

The parties shall designate all rebuttal experts and provide
opposing counsel and any pro se party with all information
specified in Fed. R. Civ. P. 26(a)(2) on or before October 16,
2015. This deadline also includes disclosure of information
applicable to "Witnesses Who Must Provide A Written Report"
under Rule 26(a)(2)(B) and information applicable to
2

"Witnesses Who Do Not Provide a Written Report" under
Rule 26(a)(2)(C).
r.

Expert Discovery Deadline: November 13, 2015.

s.

Dispositive motions deadline: November 20, 2015.

Dated at Denver, Colorado, this 27th day of May, 2015.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

3

WHEREFORE, the parties respectfully request that the Court enter the
foregoing Amended Scheduling Order.

/s/ Matthew J. Duchemin
Anthony A. Tomaselli
[e-mail]
Matthew J. Duchemin
[e-mail]
Martha Jahn Snyder
[e-mail]
QUARLES & BRADY LLP
33 East Main Street, Suite 900
Madison, WI 53703
Phone: [phone]
Facsimile: 608.251.9166

David L. Hildebrand, pro se
975 East 58th Avenue, Unit A
Denver, CO 80216
Tel.: [phone]
Fax: [phone]

Isaac S. Crum
[e-mail]
QUARLES & BRADY LLP
One Renaissance Square
Two North Central Avenue
Phoenix, AZ 85004
Phone: [phone]
Facsimile: 602-420-5092
Stephen C. Peters
[e-mail]
Peters | Mair | Wilcox
1755 Blake Street, Suite 240
Denver, Colorado 80202
Phone: [phone]
Facsimilie: 303.399.8333
Attorneys for Defendant/ Counter
Claimant Monroe Truck Equipment, Inc.

4