Trilogy Marketing, Inc. v. Memsic, Inc.

Filing 43

ORDER Setting Briefing Schedule and Setting ( TELEPHONIC Status Conference for 1/21/2014 10:30 AM before District Judge Robert H. Cleland) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TRILOGY MARKETING, INC.,
Plaintiff,
Case No. 12-13967

v.
MEMSIC, INC.,
Defendant.
/

ORDER SETTING BRIEFING SCHEDULE
On December 11, 2013, the court held an off-the-record status conference in
chambers. After discussion with the court, the parties agreed to exchange proposed
statements of fact in order to clarify whether further evidentiary development is
necessary prior to the court’s determination of Plaintiff’s damages. The parties agreed
that Plaintiff will send its proposed statement of material facts (i.e., only such facts as
are both necessary and sufficient to proper damages briefing) to Defendant by
December 27, 2013, Defendant will respond with any disputed material facts by January
10, 2014, and the parties will submit a joint statement of material facts to the court
outlining any disagreement by January 17, 2014. The parties should not file either the
initial statement or the response to the court—these documents are purely for the
parties’ benefit to assist in clarifying the issues.
In the meantime, the court urges the parties to consider the possibility of a full
referral of this matter to a magistrate judge, pursuant to 28 U.S.C. § 636(c). If the
matter is not referred to a magistrate judge, the briefing schedule listed below will apply

regarding the issue of damages. Accordingly,
IT IS ORDERED that the parties will exchange statements of material facts, as
outlined above, and file a final joint statement on January 17, 2014. The court will
conduct a telephonic status conference on January 21, 2014 at 10:30 a.m. to discuss
the joint statement of material facts.
IT IS FURTHER ORDERED that, if this matter is not referred to a magistrate
judge, Plaintiff will file its initial brief on damages by February 7, 2014; Defendant will
file its response by February 21, 2014; Plaintiff has the option of filing a reply brief by
February 28, 2014.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: December 19, 2013

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, December 19, 2013, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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