Firefly Digital Inc v. Google Inc

Filing 16

SCHEDULING ORDER: Jury Trial set for 3/21/2011 09:30 AM in Lafayette, Courtroom 3 before Judge Tucker L Melancon. Backup Trial date 3/28/2011. Pretrial Conference set for 2/16/2011 04:00 PM in Chambers before Judge Tucker L Melancon. Initial Disclosure due by 4/28/2010. Rule 26 Conference between parties to take place before 5/12/2010. Rule 26 Report due by 5/26/2010. Joinder of Parties and Amendment of Pleadings due by 8/20/2010. Plaintiffs Expert Info/Reports due by 8/20/2010. Discovery due by 9/20/2010. Defendants Expert Info/Reports due by 9/29/2010. Expert Depositions due by 11/8/2010. Dispositive Motions due by 11/18/2010. Daubert Motions due by 12/28/2010. Motions in Limine due by 1/18/2011. Conference/Meeting of counsel to prepare pretrial order to be held by 1/18/2011. Trial Depositions due by 1/18/2011. Pretrial Order due by 2/7/2011. (Attachments: # 1 Attachments to scheduling order, # 2 Attachments to scheduling order)(crt,Smith, C)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION

FIREFLY DIGITAL INC VERSUS GOOGLE INC

CIVIL ACTION NO. 6:10-cv-0133 JUDGE TUCKER L. MELANÇON MAGISTRATE JUDGE PATRICK J. HANNA

SCHEDULING ORDER The following case-specific deadlines are hereby set in accordance with Rule 16(b) FE D .R.CIV .P. JURY TRIAL: March 21, 2011 at 9:30AM in Lafayette before Judge Melançon March 28, 2011 at 9:30AM in Lafayette before Judge Melançon February 16, 2011 at 4:00 PM in Lafayette before Judge Melançon At the status conference the attorneys for the parties will advise the Court if electronically generated exhibits or aids are to be used at trial, and in appropriate cases, a schedule for production and discovery will be established. The attorneys for the parties should be prepared to discuss settlement of the case and should have their client(s) or client representative available by telephone. In the event that the assigned trial, backup trial dates, and/or pretrial conference date(s) present an irreconcilable scheduling conflict or good cause otherwise exists, any counsel or unrepresented party must file a motion within (15) days after receiving this Scheduling Order requesting that a conference be conducted with Judge Melançon.

BACKUP TRIAL DATES:

PRETRIAL CONFERENCE:

M a t t e r s marked with an asterisk (*) or which otherwise require the court's IM M E D I A T E attention, must b e provided under separate cover to the chambers.

PRETRIAL DEADLINES: 4/28/2010 21 days from S.O. 1.

FOR: Initial Disclosures. See FED.R.CIV.P. 26 (a)(1).
Under Rule 26(a)(1), "[a]ny party first served or otherwise joined after the Rule 26(f) conference must make these disclosures within 30 days after being served or joined."

5/12/2010 35 days from S.O.

2.

Rule 26(f)Conference of Parties. See FED.R.CIV.P. 26(f). No discovery may take place before the conference absent agreement of the parties or court order. FED.R.CIV.P. 26(d)(1). Rule 26(f) Report to Court. See Attached Form and FE D .R.CIV .P.26(f). Joinder of Parties and Amendment of Pleadings. See FE D .R.CIV .P.14 and 15. Plaintiff's Expert Info/Reports. See FED.R.CIV.P.26(a)(2)(B). Counsel are cautioned that an expert will not be allowed to testify to material not contained within the four corners of his/her report

5/26/2010 49 days from S.O. 8/20/2010 180 days before PTC 8/20/2010 180 days before PTC

3.

4.

Within 5 days of receipt 9/20/2010 150 days before PTC

5. 6.

Furnishing copies of reports of treating physicians. Discovery Deadline
Deadline for all discovery except that pertaining to expert witnesses.

9/29/2010 140 days before PTC

7.

Defendant's Expert Reports. See FED.R.CIV.P. 26(a)(2)(B). Counsel are cautioned that an expert will not be allowed to testify to material not contained within the four corners of his/her report Expert Discovery Deadline

11/8/2010 100 days before PTC 11/18/2010 90 days before PTC

8.

9.

Dispositive Motions*

12/28/2010 50 days before PTC

10.

Daubert Motions* Refers to motions challenging expert testimony, exhibits or demonstrative aids based upon such testimony on grounds that they are (1) not relevant or (2) not reliable under the standards set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d (1993) and Kumho Tire Co., Ltd. V. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999).

1/18/2011 30 days before PTC

11.

Motions in Limine.* Refers to motions challenging all non-expert testimony, exhibits or demonstrative aids based upon such testimony to avoid injection into trial evidence on matters which are not relevant or are not reliable, or are so highly prejudicial to the moving party that curative instructions cannot prevent predispositional effect on the trier of fact. Meeting of Counsel to Complete Pretrial Order. Actual trial counsel must attend. Meeting may be conducted by telephone. Completion of Trial Depositions.

1/18/2011 30 days before PTC

12.

1/18/2011 30 days before PTC 2/7/2011 10 days before PTC

13.

14.

Pretrial Order to be Filed with Clerk.* See attached form and FED.R.CIV.P. 26(a)(3).

3/14/2011 7 days before Trial

15.

Real Time Glossary The real time glossary shall be delivered to the court reporter. The glossary shall contain all "key word indexes" from all depositions taken in the case, all witness lists, exhibit lists and copies of all expert reports. Please see the example of a Real time Glossary attached at the back of the scheduling order.

3/14/2011 7 days before Trial

16.

CD ROM Exhibits
In cases where exhibits are to be presented by CD Rom, the CD must be delivered to the Clerk. Please refer to the Electronic Courtroom section of the Rule 26(f) Report, as well as the "Guidelines for Submission of Exhibits on CD ROM" posted on our website, at http://www.lawd.uscourts.gov/ or obtain a copy from the clerk's office. If you have any questions, please contact the Electronic Courtroom Coordinator for the Western District of Louisiana, at (337) 5935006 or the judge's courtroom deputy.

Physicians reports are to be provided to opposing counsel within five (5) days of receipt.
D o c u m e n t s or other things which must be exchanged among counsel shall be exchanged by hand or certified m a il, unless all counsel agree otherwise in writing. D e a d l i n e s , limitations and other matters established by the Federal Rules of Civil Procedure shall govern this a c t io n except as altered by this case specific scheduling order and shall be enforced by the Court. Counsel s h o u ld note Rule 37(c)(1) and Rule 26.

Lafayette, Louisiana, this 7th day of April, 2010. BY DIRECTION OF THE COURT TONY R. MOORE, CLERK BY: s/ Christine Smith Deputy Clerk