Composite Resources Inc v. Recon Medical LLC

Filing 102

ORDER - A status hearing is scheduled for 1:00 PM, December 11, 2018, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 7/20/2018. (Copies have been distributed pursuant to the NEF - DRM)

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V.R. Bohman, Esq.
Nevada Bar No. 13075
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: 702.784.5252
Email: [e-mail]

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Sid Leach, Esq. (Admitted Pro Hac Vice)
SNELL & WILMER L.L.P.
2400 E. Van Buren – One Arizona Center
Phoenix, Arizona 85004
Telephone: [phone]
Facsimile: 602.382.0430
Email: [e-mail]

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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William Y. Klett, III, Esq. (Admitted Pro Hac Vice)
NEXSEN PRUET, LLC
1230 Main Street, Suite 700
Columbia, South Carolina 29201
Telephone: [phone]
Facsimile: 803.253.8277
Email: [e-mail]

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Attorneys for Plaintiff Composite Resources, Inc.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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COMPOSITE RESOURCES, INC.,
Case No. 2:17-cv-01755-MMD-VCF

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Plaintiff,
STIPULATION AND ORDER TO
EXTEND DISPOSITIVE MOTION AND
PRETRIAL ORDER DEADLINES

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vs.

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RECON MEDICAL, LLC,
(FIRST REQUEST)

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Defendant.

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While the parties previously submitted a single stipulation to extend discovery and related

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deadlines, discovery has now closed and this is the first request to extend the dispositive and

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pretrial order deadlines specifically. Pursuant to LR IA 6-1 and LR 26-4, Plaintiff Composite

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Resources, Inc. (“CRI”) and Defendant Recon Medical, LLC (“Recon” and with CRI the

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“Parties”), by and through their respective counsel, for good cause shown, hereby stipulate and

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agree to extend the dispositive and pretrial order deadlines presently set in this matter.

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A.

Good Cause Exists for the Requested Extension in this Patent Litigation

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The dispositive motion deadline is presently set for July 30, 2018. However, no Claim

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Construction Order has issued from the Court. Without certainty as to the meaning of the terms

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and construction of the claims at issue in this matter it is virtually impossible for the Parties to

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draft meaningful motions for summary judgment. For example, if the Court defines a term or

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constructs a claim except in the way advocated by the drafting party, substantial portions of the

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briefing may be nonsensical or irrelevant. Beyond informing the language of the briefing, the

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Court’s Claim Construction Order will substantially impact the contours of what remains in

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dispute.

Snell & Wilmer

Similarly, the pretrial order deadline is presently set for August 28, 2018. However, the

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Parties cannot meaningfully address the issues for trial before resolution of any dispositive

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motions that may substantially narrow or even resolve this matter. Furthermore, under LPR 1-

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19(b) the Parties must engage in a Post-Claim Construction Order Settlement Conference within

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thirty (30) days of entry of the Court’s Claim Construction Order that once again may resolve this

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matter.

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Accordingly, extension of both the dispositive motion and pretrial order deadlines will

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conserve the resources of the parties, serve the Court’s purposes under Federal Rule of Civil

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Procedure 1 as well as judicial efficiency, and will not delay or otherwise impact the trial date.

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B.

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Procedural Posture
Pursuant to the Court’s prior order the discovery cut-off has passed. ECF No. 81 at 3:27.

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No trial date has been set. See ECF No. 81 at 4:10-13.

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C.

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Proposed Deadlines
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Dispositive Motion Deadline

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Current Deadline: July 30, 2018

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Proposed: 30 days after entry of the Court’s Claim Construction Order.

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2.

Pretrial Order Cut-Off Date:

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Current Deadline: August 28, 2018

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Proposed: 30 days after entry of the Court’s Order(s) resolving all timely

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filed dispositive motions.

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D.

Conclusion

Snell & Wilmer

The parties respectfully submit that good cause exists for an extension of the dispositive

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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motion and pretrial order deadlines as stated herein. The extension sought will not impact the

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trial as a trial date has not yet been set. As such, the parties respectfully request that the Court

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amend its current Scheduling Order to accommodate the extension requested above.

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ORDER

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IT IS SO ORDERED.

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1.

The new deadline to file dispositive motions shall be thirty (30) days after entry of

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the Court’s Claim Construction Order.

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2.

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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

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Dated this 20th day of July, 2018.
IT IS HEREBY ORDERED that a status hearing
is scheduled for 1:00 PM, December 11, 2018,
in Courtroom 3D.

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UNITED STATES MAGISTRATE JUDGE

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Dated: July 19, 2018.

Dated: July 19, 2018.
SNELL & WILMER L.L.P.

DENKO & BUSTAMANTE LLP

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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

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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