Konami Gaming, Inc. v. Marks Studios, LLC

Filing 37

ORDER Granting 35 Stipulation to Modify Scheduling Order. Signed by Magistrate Judge Carl W. Hoffman on 2/9/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:14-cv-01485-JAD-CWH Document 35 Filed 02/06/15 Page 1 of 4

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Jonathan Moskin
Akiva Cohen
Ramy Hanna
Adam Pence
FOLEY & LARDNER LLP
90 Park Avenue
New York, New York 10016-1314
P: [phone]
F: [phone]
Email: [e-mail]
(admitted pro hac vice)

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Attorneys for Defendant Marks Studios, LLC

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SANTORO WHITMIRE

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10100 W. Charleston Blvd., Suite 250, Las Vegas, Nevada 89135
[phone] – fax [phone]

NICHOLAS J. SANTORO, ESQ.
Nevada Bar No. 0532
[e-mail]
JASON D. SMITH, ESQ.
Nevada Bar No. 9691
[e-mail]
SANTORO WHITMIRE
10100 W. Charleston Blvd., Suite 250
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile:
702/948-8773

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KONAMI GAMING, INC., a Nevada
corporation,

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Plaintiff,

CASE NO.:

2:14-cv-01485-JAD-CWH

Honorable Jennifer A. Dorsey
Magistrate Judge Carl W. Hoffman

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v.
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MARKS STUDIOS, LLC d/b/a Gimmie
Games, a Georgia limited liability company,

STIPULATION AND [PROPOSED]
ORDER TO MODIFY SCHEDULING
ORDER
(FIRST REQUEST)

Defendant.

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Pursuant to Local Rules 6-1 and 26-4. Plaintiff Konami Gaming, Inc. (“Konami” or

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“Plaintiff”) and Defendant Marks Studios, LLC d/b/a Gimmie Games (“Marks Studios” or

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Defendant”) hereby stipulate as follows:

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WHEREAS, the parties to this action filed a proposed joint Discovery Plan and

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Scheduling Order (the “Scheduling Order”) on December 30, 2014, which included a Markman

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schedule with proposed dates, pursuant to Local rules 16.1-6 to 16.1-18 (docket no. 24);

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Case 2:14-cv-01485-JAD-CWH Document 35 Filed 02/06/15 Page 2 of 4

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WHEREAS, the Scheduling Order provided that Plaintiff Konami Gaming, Inc.

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(“Konami”) would serve its Disclosure of Asserted Claims and Infringement Contentions

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(“Claims and Contentions”), along with supporting documents, by January 14, 2015 (docket no.

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24.);
WHEREAS, the Court so ordered the Scheduling Order on January 27, 2015 (docket no.

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pursuant to Federal Rule of Civil Procedure 26(a)(1) and have filed the Stipulated Protective

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SANTORO WHITMIRE

WHEREAS, to date, the Plaintiff and Defendants have made their Initial Disclosures

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10100 W. Charleston Blvd., Suite 250, Las Vegas, Nevada 89135
[phone] – fax [phone]

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Order required under Local Rule 16.1-4;

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WHEREAS, pursuant to the Scheduling Order, discovery is partially stayed until the

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Court issues a Markman order on claim construction.

Until that time, the only permitted

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discovery: (a) the substantive disclosures included in section C (“Markman schedule”) of the

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Scheduling Order; (b) Defendant’s deposition of the inventor(s), (c) Plaintiff’s deposition of a

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technical person knowledgeable concerning operation of Defendant’s games, (d) Plaintiff’s and

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Defendant’s discovery relating to claim construction and the validity of the patents in suit, and

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(e) expert discovery;

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WHEREAS, on January 14, 2015, Plaintiff made its Disclosure of Asserted Claims and

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Infringement Contentions pursuant to LR 16.1-6, Defendant is challenging the sufficiency of

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certain disclosures with Local Rule 16.1-6(a) and (d), and the production of documents under

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Local Rule 16.1-7,;

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WHEREAS, while Plaintiff disagrees with Defendant’s challenges, in the interest of

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judicial economy and for convenience of the Parties Plaintiff has agreed to supplement its

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Disclosure of Asserted Claims and Infringement Contentions pursuant to LR 16.1-6 and further

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to produce the documents under Local Rule 16.1-7, for which has taken additional time;

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WHEREAS, the parties have agreed to amend the Markman schedule to provide at least

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an additional four weeks from the current schedule for Defendant to file its Initial Disclosure of

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Non-Infringement, Invalidity and Unenforceability Contentions due to the delays in resolving the

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disclosure issues and to allow Defendant sufficient time to respond;
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Case 2:14-cv-01485-JAD-CWH Document 35 Filed 02/06/15 Page 3 of 4

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned

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counsel for the named parties hereto, that the Markman schedule in the Scheduling Order will be

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amended as follows solely as to the dates for (1) Disclosure of Asserted Claims and Infringement

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Contentions - LR 16.1-6, (2) Initial Disclosure of Non-Infringement, Invalidity and

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Unenforceability Contentions - LR 16.1-8, and (3) Response to Initial Non-Infringement,

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Invalidity and Unenforceability Contentions - LR 16.1-10:

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Event

Basis

Proposed Date

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SANTORO WHITMIRE

WHEREAS, this is the parties’ first request to modify the Scheduling Order.

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10100 W. Charleston Blvd., Suite 250, Las Vegas, Nevada 89135
[phone] – fax [phone]

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Disclosure of Asserted Claims and Infringement
Contentions

LR 16.1-6

January 14, 2015
Supplemental
Disclosure Date:
February 9, 2015

Initial Disclosure of Non-Infringement, Invalidity
and Unenforceability Contentions

LR 16.1-8

March 26, 2015

Response to Initial Non-Infringement, Invalidity
and Unenforceability Contentions

LR 16.1-10

April 9, 2015

Exchange of Proposed Terms for Claim
Construction

LR 16.1-13

April 28, 2015

Exchange of Preliminary Claim Construction and
Extrinsic Evidence

LR 16.1-14

May 28, 2015

Parties to Meet and Confer regarding terms
requiring construction and proposed meaning of the
terms

LR 16.1-14

June 1-8, 2015

Joint Claim Construction Statement

LR 16.1-15

June 5, 2015

Opening Claim Construction Brief

LR 16.1-16

July 13, 2015

Responsive Claim Construction Brief

LR 16.1-16

July 27, 2015

Reply Claim Construction Brief

LR 16.1-16

August 3, 2015

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IT IS FURTHER STIPULATED AND AGREED that in no event shall the return date

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for Defendant’s Initial Disclosure of Non-Infringement, Invalidity and Unenforceability

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Contentions be fewer than the 45 days after completed service of documents in support of

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Konami’s Claims and Contentions, as afforded under LR 16.1-8;

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Case 2:14-cv-01485-JAD-CWH Document 35 Filed 02/06/15 Page 4 of 4

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IT IS FURTHER STIPULATED AND AGREED that the Discovery plan remains
unchanged and that this Stipulation is made in good faith and not for the purpose of delay.
IT IS SO STIPULATED THROUGH COUNSEL OF RECORD,

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Dated: February 6, 2015

Dated: February 6, 2015

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By: /s/ Nicholas J. Santoro
Nicholas J. Santoro
Nevada Bar No. 532
Jason D. Smith
Nevada Bar No. 9691
SANTORO WHITMIRE
10100 West Charleston Blvd., Suite 250
Las Vegas, Nevada 89135
P: [phone]
F: [phone]
Email: [e-mail]
Email: [e-mail]

By: /s/ Kimberly P. Stein
Kimberly P. Stein
Nevada Bar No. 8675
HOWARD & HOWARD ATTORNEYS
Wells Fargo Tower, Suite 1000
3800 Howard Hughes Parkway
Las Vegas, Nevada 89169
P: [phone]
F: [phone]
Email: [e-mail]

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SANTORO WHITMIRE

10100 W. Charleston Blvd., Suite 250, Las Vegas, Nevada 89135
[phone] – fax [phone]

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and

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Jonathan Moskin
Akiva Cohen
Ramy Hanna
Adam Pence
FOLEY & LARDNER LLP
90 Park Avenue
New York, New York 10016-1314
P: [phone]
F: [phone]
Email: [e-mail]
(admitted pro hac vice)

Patrick M. McCarthy
Michigan Bar No. P49100
HOWARD & HOWARD ATTORNEYS
One North Main Building
101 North Main Street
Ann Arbor, Michigan 48104-1475
P: [phone]
F: [phone]
Email: [e-mail]
(admitted pro hac vice)
Attorneys for Plaintiff Konami Gaming, Inc.

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Attorneys for Defendant Marks Studios, LLC
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ORDER
PURSUANT TO THE STIPULATION, IT IS SO ORDERED:
February 9, 2015
Dated: __________________
__________________________________________
Carl W. Hoffman
United States Magistrate Judge

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