Prism Technologies v. Adobe Systems Incorporated et al

Filing 482

AMENDED FINAL PROGRESSION ORDER granting 480 Motion to Extend. Final Pretrial Conference set for 9/14/2012 at 10:00 AM in Chambers before Magistrate Judge Thomas D. Thalken. Jury Trial set for 10/9/2012 at 09:00 AM in Courtroom 5, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Lyle E. Strom. Ordered by Senior Judge Lyle E. Strom. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PRISM TECHNOLOGIES, LLC,
Plaintiff,
vs.
ADOBE SYSTEMS INCORPORATED,
AUTODESK, INC., MCAFEE, INC.,
NATIONAL INSTRUMENTS
CORPORATION, SAGE SOFTWARE,
INC., SYMANTEC CORPORATION,
and TREND MICRO INCORPORATED,
Defendants.

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8:10cv220

AMENDED
FINAL PROGRESSION ORDER

This matter is before the court on the Plaintiff’s Motion to Modify Final Progression
Order to Extend Expert Report and Related Deadlines (Filing No. 480).
IT IS ORDERED:
1.

Discovery Deadline. All fact discovery,1 whether or not intended to be used

at trial, shall be completed by April 30, 2012. All interrogatories, requests for admission
and requests for production or inspection, whether or not they are intended to be used at
trial, shall be served sufficiently early to allow rule time response before that date. Counsel
may stipulate to extensions of time to respond to discovery requests in accordance with
Fed. R. Civ. P. 29, as amended, but such extensions shall not extend any of the dates in
this order; any requests for extensions of any of the deadlines herein shall be made by
appropriate motion and order. Prism has until May 14, 2012 as to discovery served on
Adobe Systems Incorporated, Autodesk, Inc.,

McAfee, Inc.,

National Instruments

Corporation, Sage Software, Inc. and Symantec Corporation.

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Disclosures and discovery with respect to experts will be separately addressed.

2.

Discovery and Disclosure of Expert Witnesses.

The parties shall

exchange initial expert reports to those issues for which that party bears the burden of
proof no later than June 1, 2012. The parties shall exchange rebuttal expert reports no
later than July 2, 2012. Expert discovery shall be completed no later than July 27, 2012.
3.

Pretrial Disclosures: Pursuant to Fed. R. Civ. P. 26(a)(3), each party shall

provide to all other parties the following information regarding the evidence that it may
present at trial other than solely for impeachment purposes as soon as practicable but not
later than the date specified:
A.

Nonexpert Witnesses - On or before July 13, 2012: The name, address
and telephone number of each witness, separately identifying those whom
the party expects to present and those whom the party may call if the need
arises.

B.

Deposition Testimony and Discovery - 5 days before final pretrial
conference: 1) The portions of each deposition, designated by page and
line, that it intends to offer and 2) each discovery response of another party
it intends to offer. Such designations and any objections thereto shall also
be included in the final pretrial conference order. See NELR 16.2.

C.

Trial Exhibits - 5 working days before final pretrial conference: A list of
all exhibits it expects to offer by providing a numbered listing and permitting
examination of such exhibits.

The parties shall also designate on the list

those exhibits it may offer only if the need arises.
D.

Waiver of Objections: Any objections to the use of witnesses, deposition
designations, discovery responses, or exhibits shall be listed in the pretrial
order. Failure to list objections (except those under Fed. R. Evid. 402 and
403) shall be deemed waived, unless excused by the court for good cause
shown.

E.

Filing of Disclosures: The filing of pretrial disclosures required by Fed. R.
Civ. P. 26(a)(3) shall be deemed filed at the time of the filing of the Order on
Final Pretrial Conference in this matter.

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4.

Expert Witness Testimony. Any motion challenging the qualifications of an

expert or the admissibility of testimony of an expert witness under Rule 702, Fed. Rules of
Evidence shall be filed not later than thirty days after completion of expert discovery,
in the absence of which any objection based upon said rule shall be deemed waived. See
Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999); Daubert v. Merrell Dow
Pharmaceuticals, 509 U.S. 579 (1993).
5.

Rule 104 Hearings. Any pretrial motion which will require an evidentiary

hearing pursuant to Fed. R. Evid. 104 shall be filed not later than five (5) working days
following the deadline for the completion of depositions.
In addition, if the requested hearing involves a Daubert - Kumho question regarding
an expert, the expert’s disclosure under Fed. R. Civ. P. 26(2)(2)(A)&(B) must be submitted
to Judge Strom’s chambers when the motion is filed.
Absence of a request for a hearing may be deemed waiver of the right to a
hearing. A brief in support and all material regarding the requested hearing must be
delivered to Judge Strom’s chambers when the Rule 104 hearing motion is filed. Opposing
parties are given ten (10) days thereafter to deliver briefs in opposition.
6.

All motions for summary judgment shall be filed on or before August 6,

2012. See NELR 56.1 and 7.1.
7.

The Final Pretrial Conference is set for September 14, 2012 at 10:00 a.m.

before Magistrate Thomas D. Thalken, in chambers, Suite 2271, Roman L. Hruska United
States Courthouse, 111 South 18th Plaza, Omaha, Nebraska. The final pretrial conference
shall be attended by lead counsel for represented parties. Counsel shall complete prior to
the pretrial conference, all items as directed in NELR 16.2. By the time of the pretrial
conference, full preparation for trial shall have been made so that trial may begin at any
time during the session indicated below.
8.

All other provisions of parties joint planning conference report not addressed

in this order shall be deemed submitted and adopted by the Court.
9.

Trial is set to commence at 9:00 a.m. on October 9, 2012, in Omaha,

Nebraska, before the Honorable Lyle E. Strom and a jury.

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10.

Motions to Alter Dates. All requests for changes of date settings shall be

directed to the undersigned judge by appropriate motion.

DATED this 28th day of February, 2012.
BY THE COURT:

s/ LYLE E. STROM
United States District Judge

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