Prism Technologies v. T-Mobile USA, Inc.

Filing 279

ORDER - In Docket Number 8:12CV124, the Court grants defendant's request and the T-Mobile Matter shall go to trial on October 13, 2015. Jury Trial set for 10/13/2015 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. (GJG)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
PRISM TECHNOLOGIES LLC,

)
)
Plaintiff,
)
)
v.
)
)
SPRINT SPECTRUM L.P.,
)
d/b/a SPRINT PCS,
)
)
Defendant.
)
______________________________)
PRISM TECHNOLOGIES LLC,
)
)
Plaintiff,
)
)
v.
)
)
T-MOBILE USA, INC.,
)
)
Defendant.
)
______________________________)
PRISM TECHNOLOGIES LLC,
)
)
Plaintiff,
)
)
v.
)
)
UNITED STATES CELLULAR
)
CORPORATION, d/b/a U.S.
)
CELLULAR,
)
)
Defendant.
)
______________________________)
PRISM TECHNOLOGIES LLC,
)
)
Plaintiff,
)
)
v.
)
)
CELLCO PARTNERSHIP d/b/a
)
VERIZON WIRELESS,
)
)
Defendant.
)
______________________________)

8:12CV123

8:12CV124

8:12CV125

8:12CV126

ORDER

This matter is before the Court following
correspondence and a conference in chambers between plaintiff
Prism Technologies (“Prism”) and the defendants:

Sprint Spectrum

(“Sprint”), T-Mobile U.S.A. (“T-Mobile”), United States Cellular
Corp. (“U.S. Cellular”), and Cellco Partnership (“Cellco”)
(collectively, the “Carrier Defendants”).

The conference

concerned the trial schedules for the Carrier Defendants in light
of the Court’s recent order allowing Prism to supplement its
expert reports (Filing No. 267 in 8:12CV123 (“the Sprint
Matter”); Filing No. 278 in 8:12CV124 (“the T-Mobile Matter”);
Filing No. 266 in 8:12CV125 (“the U.S. Cellular Matter”); and
Filing No. 248 in 8:12CV126 (“the Cellco Matter”)).
The Carrier Defendants, particularly Sprint as it is
the next Carrier Defendant scheduled for trial, brought two
issues before the Court.

First, the Carrier Defendants seek to

reschedule their trials in order to depose the experts regarding
their amended reports, to file motions to exclude such expert
opinions, and to offer rebuttal reports.
any trial dates.

Prism opposes changing

Second, the Carrier Defendants and Prism seek

guidance as to the scope of this new discovery.
The Court will grant the Carrier Defendants’ request to
modify their trial dates in order to accommodate the parties to
the fullest extent possible.
The second issue will require motion practice to
crystalize the parameters of discovery.

To the extent that Mr.

Malackowski possesses information on the AT&T Matter (Dkt. No.
12CV122) upon which he relied in order to form his opinions in
the remaining Matters, that information must be delivered to the
Carrier Defendants.

The Carrier Defendants seek copious

information from the AT&T Matter.

In the AT&T Matter, AT&T

prepared its damages expert to discuss Prism’s previous
settlement agreements, and AT&T prepared its witness without
third-party discovery requests.

However, if the Carrier

Defendants seek to pursue such discovery from third-parties, they
should proceed quickly so that the Court can review those
requests and maintain the amended trial schedule.

Therefore,

IT IS ORDERED:
1) In Docket Number 8:12CV123, the Court grants
defendant’s request and adopts the following deadlines:
Prism shall produce documents by
February 13, 2015.
Fact depositions shall be completed
by February 23, 2015.
Mr. Malackowski’s deposition shall
be completed by March 13, 2015.
The Carrier Defendants may offer a
common Daubert motion by April 3,
2015.
Prism may respond to that motion by
April 17, 2015.
The Carrier Defendants may reply to
the response brief by April 27,
2015.

The Sprint Matter shall go to trial
on June 15, 2015.
2) In Docket Number 8:12CV124, the Court grants
defendant’s request and the T-Mobile Matter shall go to trial on
October 13, 2015.
3) In Docket Number 8:12CV125, the Court grants
defendant’s request and the U.S. Cellular Matter shall go to
trial on November 9, 2015.
4) In Docket Number 8:12CV126, the Court grants the
defendant’s request and the Verizon Matter shall go to trial on a
date to be determined.
5) Plaintiff Prism shall deliver documents upon which
Mr. Malackowski relies in his expert report to the Carrier
Defendants.

The Court reserves ruling on remaining discovery

requests until motions are filed.
DATED this 9th day of February, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court