Global Check Services, Inc. v. Electronic Payment Systems, LLC et al

Filing 27

ORDER Setting Hearing Under Fed.R.Civ.P.16 for 11/21/2014 10:00 AM before Judge Philip A. Brimmer by Judge Philip A. Brimmer on 10/06/14. (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-01430-PAB GLOBAL CHECK SERVICES, INC., Plaintiff, v. ELECTRONIC PAYMENT SYSTEMS, LLC, FLEXPAY, LLC, ELECT-CHECK, INC., JOHN DORSEY, TOM McCANN, and ANTHONY MALEY, 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. It is ORDERED that: 1. A hearing is set for November 21, 2014 at 10:00 a.m. in Courtroom A701 at the United States Courthouse located at 901 19th Street, Denv er, 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). • • 3. 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. 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 October 6, 2014. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 2

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