Composite Resources Inc v. Recon Medical LLC

Filing 101

SCHEDULING ORDER pursuant to ECF No. 100 Stipulation to Extend Dispositive Motion and Pretrial Order Deadlines (First Request). Dispositive Motions due 30 days after entry of the Court's Claim Construction Order. Proposed Joint Pretrial Order due 30 days after entry of the Court's Order(s) resolving all timely filed dispositive motions . Signed by Judge Miranda M. Du on 7/19/2018. (Copies have been distributed pursuant to the NEF - LH)

Download PDF
1 2 3 4 V.R. Bohman, Esq. Nevada Bar No. 13075 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 Telephone: 702.784.5200 Facsimile: 702.784.5252 Email: vbohman@swlaw.com 5 6 7 8 Sid Leach, Esq. (Admitted Pro Hac Vice) SNELL & WILMER L.L.P. 2400 E. Van Buren – One Arizona Center Phoenix, Arizona 85004 Telephone: 602.382.6000 Facsimile: 602.382.0430 Email: sleach@swlaw.com 9 10 Snell & Wilmer L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 11 12 William Y. Klett, III, Esq. (Admitted Pro Hac Vice) NEXSEN PRUET, LLC 1230 Main Street, Suite 700 Columbia, South Carolina 29201 Telephone: 803.253.8205 Facsimile: 803.253.8277 Email: wklett@nexsenpruett.com 13 Attorneys for Plaintiff Composite Resources, Inc. 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17 COMPOSITE RESOURCES, INC., Case No. 2:17-cv-01755-MMD-VCF 18 Plaintiff, STIPULATION AND ORDER TO EXTEND DISPOSITIVE MOTION AND PRETRIAL ORDER DEADLINES 19 vs. 20 RECON MEDICAL, LLC, (FIRST REQUEST) 21 Defendant. 22 23 While the parties previously submitted a single stipulation to extend discovery and related 24 deadlines, discovery has now closed and this is the first request to extend the dispositive and 25 pretrial order deadlines specifically. Pursuant to LR IA 6-1 and LR 26-4, Plaintiff Composite 26 Resources, Inc. (“CRI”) and Defendant Recon Medical, LLC (“Recon” and with CRI the 27 “Parties”), by and through their respective counsel, for good cause shown, hereby stipulate and 28 agree to extend the dispositive and pretrial order deadlines presently set in this matter. 1 A. Good Cause Exists for the Requested Extension in this Patent Litigation 2 The dispositive motion deadline is presently set for July 30, 2018. However, no Claim 3 Construction Order has issued from the Court. Without certainty as to the meaning of the terms 4 and construction of the claims at issue in this matter it is virtually impossible for the Parties to 5 draft meaningful motions for summary judgment. For example, if the Court defines a term or 6 constructs a claim except in the way advocated by the drafting party, substantial portions of the 7 briefing may be nonsensical or irrelevant. Beyond informing the language of the briefing, the 8 Court’s Claim Construction Order will substantially impact the contours of what remains in 9 dispute. Snell & Wilmer Similarly, the pretrial order deadline is presently set for August 28, 2018. However, the 11 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 10 Parties cannot meaningfully address the issues for trial before resolution of any dispositive 12 motions that may substantially narrow or even resolve this matter. Furthermore, under LPR 1- 13 19(b) the Parties must engage in a Post-Claim Construction Order Settlement Conference within 14 thirty (30) days of entry of the Court’s Claim Construction Order that once again may resolve this 15 matter. 16 Accordingly, extension of both the dispositive motion and pretrial order deadlines will 17 conserve the resources of the parties, serve the Court’s purposes under Federal Rule of Civil 18 Procedure 1 as well as judicial efficiency, and will not delay or otherwise impact the trial date. 19 B. 20 Procedural Posture Pursuant to the Court’s prior order the discovery cut-off has passed. ECF No. 81 at 3:27. 21 No trial date has been set. See ECF No. 81 at 4:10-13. 22 /// 23 24 /// 25 26 /// 27 28 -2- 1 C. 2 Proposed Deadlines 1. Dispositive Motion Deadline 3 Current Deadline: July 30, 2018 4 Proposed: 30 days after entry of the Court’s Claim Construction Order. 5 2. Pretrial Order Cut-Off Date: 6 Current Deadline: August 28, 2018 7 Proposed: 30 days after entry of the Court’s Order(s) resolving all timely 8 filed dispositive motions. 9 D. Conclusion Snell & Wilmer The parties respectfully submit that good cause exists for an extension of the dispositive 11 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 10 motion and pretrial order deadlines as stated herein. The extension sought will not impact the 12 trial as a trial date has not yet been set. As such, the parties respectfully request that the Court 13 amend its current Scheduling Order to accommodate the extension requested above. 14 ORDER 15 16 IT IS SO ORDERED. 17 1. The new deadline to file dispositive motions shall be thirty (30) days after entry of 18 the Court’s Claim Construction Order. 19 2. 20 Court’s Order(s) resolving all timely filed dispositive motions. The new deadline to file the pretrial order shall be 30 days after entry of the 21 22 Dated this 19thday of July, 2018. ___ 23 UNITED STATES JUDGE 24 25 26 27 28 -3- 1 2 Dated: July 19, 2018. Dated: July 19, 2018. SNELL & WILMER L.L.P. DENKO & BUSTAMANTE LLP 3 4 5 6 7 8 9 By /s/ John Bustamante J. Scott Denko, Esq. John M. Bustamante, Esq. 114 W. 7th Street, Suite 1100 Austin, TX 78701 By: /s/ V.R. Bohman Sid Leach, Esq. V.R. Bohman, Esq. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 William Y. Klett, III, Esq. NEXSEN PRUET, LLC 1230 Main Street, Suite 700 Columbia, South Carolina 29201 Attorneys for Plaintiff Composite Resources, Inc. Edmond “Buddy” Miller, Esq. 1610 Montclair Avenue, Suite C Reno, NV 89509 Attorneys for Defendant/Counterclaimant Recon Medical, LLC 10 Snell & Wilmer L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?