Concaten, Inc. v. AmeriTrak, Inc. et al

Filing 9

ORDER Setting Hearing Under Fed.R.Civ.P.16 for 7/31/2014 02:30 PM before Judge Philip A. Brimmer by Judge Philip A. Brimmer on 06/02/14. (jhawk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 14-cv-00790-PAB CONCATEN, INC., Plaintiff, v. AMERITRAK, INC. and AMERITRAK FLEET SOLUTIONS, LLC, Defendants. _____________________________________________________________________ ORDER SETTING HEARING UNDER FED. R. CIV. P. 16 _____________________________________________________________________ This matter comes before the Court upon a Complaint filed by the Plaintiff alleging patent infringement. It is ORDERED that: 1. A hearing is set for July 31, 2014 at 2:30 p.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. 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.) • 3. Whether there are any other issues or impediments to the setting of a Markman hearing. Out of town counsel are encouraged to appear by telephone given the short duration of these hearings. An attorney who wishes to appear by telephone for the hearing shall notify Chambers at (303) 335-2794 in advance of the hearing to arrange for telephonic appearance. DATED June 2, 2014. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 2

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