Server Technology, Inc. v. American Power Conversion Corporation

Filing 426

ORDER granting 425 Motion for Extension of Time : Proposed Joint Pretrial Order due by 11/22/2013. ( See pdf order for additional deadlines. ) Signed by Judge Larry R. Hicks on 10/9/2013. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:06-cv-00698-LRH-VPC Document 425 Filed 09/06/13 Page 1 of 5

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Matthew B. Hippler (Nevada SBN 7015)
HOLLAND & HART LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Telephone: [phone]
[e-mail]
James E. Hartley
HOLLAND & HART LLP
555 Seventeenth Street, Suite 3200
Denver, Colorado 80202
Telephone: [phone]
[e-mail]
Donald A. Degnan
HOLLAND & HART LLP
1800 Broadway, Suite 300
Boulder, CO 80302
Telephone: [phone]
[e-mail]
Shane P. Coleman
HOLLAND & HART LLP
401 North 31st Street, Suite 1500
Billings, Montana 59101
Telephone: [phone]
[e-mail]
Michael R. Henson
PERKINS & COIE LLP
1900 Sixteenth Street, Ste. 1400
Denver, CO 80202
Telephone: [phone]
[e-mail]

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Nick G. Saros
JENNER & BLOCK
633 West 5th Street, Suite 3500
Los Angeles, CA 90071-2054
[e-mail]
Attorneys for Defendant American Power
Conversion Corporation

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
SERVER TECHNOLOGY, INC. (a Nevada
corporation),

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Terrence J. Truax
Kristopher R. Kiel
Michael G. Babbitt
JENNER & BLOCK
353 North Clark Street
Chicago, Illinois 60654
[e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiff Server Technology,
Inc.

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William E. Peterson (Nevada SBN 1528)
Janine C. Prupas
Suellen Fulstone
SNELL &WILMER
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

Plaintiff,
vs.
AMERICAN POWER CONVERSION
CORPORATION (a Massachusetts corporation),
Defendant.

Case No.: 3:06-CV-00698-LRH-VPC
JOINT REQUEST FOR EXTENSION
OF TIME TO PREPARE AND FILE
PRETRIAL ORDER AND PROPOSED
SCHEDULING LEADING UP TO
TRIAL

Case 3:06-cv-00698-LRH-VPC Document 425 Filed 09/06/13 Page 2 of 5

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In its recent Order of August 22, 2013, the Court requested that the parties file a Joint

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Pretrial Order in this case, stating that “the parties shall have thirty (30) days after entry of this

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order to prepare a proposed joint pretrial order and submit the same for signature.” This request

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would render the Joint Pretrial Order due on September 23, 2013. (Dkt. 423, p. 6). The parties

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have conferred regarding the preparation of the Joint Pretrial Order, and to insure an orderly

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preparation of the Joint Pretrial Order for use at trial, the parties jointly request a modest

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adjustment in the schedule relating to the Pretrial Order as set forth below. Following

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submission of the Pretrial Order as per the schedule requested below, the parties are available at

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the Court’s convenience to discuss the scheduling of a trial date.

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The parties jointly request the adjustment in the schedule for the reasons set forth below.

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First, both Plaintiff Server Technology, Inc. and Defendant American Power Conversion

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Corporation believe that given the importance of the Pretrial Order, the extensive record in this

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case, and the need for both designations and counter-designations, an extension of time within

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which to file the Pretrial Order would be advantageous for both parties and ultimately the Court.

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Accordingly, the parties hereby jointly request that the Court allow them to file the Joint Pretrial

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Order on November 22, 2013. This would allow the parties sufficient time to prepare initial

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designations for both deposition citations and exhibits by October 18, 2013, response

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designations by November 8, 2013, reply designations by November 18, 2013, and to submit the

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final Joint Pretrial Order for signature to the Court by November 22, 2013.

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Second, the parties have also conferred regarding timing issues for motions in limine that

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would allow sufficient time for briefing on the motions in limine to be completed before the end

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of this year. The parties believe that a workable schedule for submitting motions in limine to the

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Court would put opening motions due by November 25, 2013, responses due by December 13,

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2013 and replies, if any, due by December 20, 2013.

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Third, the parties have also conferred regarding possible trial dates that would conform
to the schedule outlined above and believe that a trial in this case may proceed as early as

JOINT REQUEST FOR EXTENSION OF TIME TO
PREPARE AND FILE PRETRIAL ORDER

Case 3:06-cv-00698-LRH-VPC Document 425 Filed 09/06/13 Page 3 of 5

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February 2014 or later subject, above all, to the Court’s convenience and availability. Both

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parties expect that a trial on all of the issues could be completed within two weeks. As for

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setting a firm date for trial, the parties believe that finalizing the Joint Pretrial Order before

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setting a trial date is the best approach, and will comply with the local practice of proposing

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specific start dates for trial within the Joint Pretrial Order for the Court to consider.

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Below is a synopsis of the proposed schedule, which if adopted by the Court would allow
for trial to commence as early as February 2014:

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Dates for Joint Pretrial Order
Initial designations/Exhibits
Response designations
Reply designations
Final Order

October 18, 2013
November 8, 2013
November 18, 2013
November 22, 2013

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Motions in Limine
Opening motions
Responses
Replies

November 25, 2013
December 13, 2013
December 20, 2013

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SO ORDERED: ______________________________________________

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Honorable Judge Larry R. Hicks

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Dated: October 9, 2013.

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JOINT REQUEST FOR EXTENSION OF TIME TO
PREPARE AND FILE PRETRIAL ORDER

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Case 3:06-cv-00698-LRH-VPC Document 425 Filed 09/06/13 Page 4 of 5

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Dated: September 6, 2013.

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Respectfully submitted,

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/s/James E. Hartley
James E. Hartley
HOLLAND & HART LLP
[e-mail]

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Matthew B. Hippler (Nevada SBN 7015)
HOLLAND & HART LLP
[e-mail]
Shane P. Coleman
HOLLAND & HART LLP
[e-mail]
Donald A. Degnan
HOLLAND & HART LLP
[e-mail]
Michael R. Henson
PERKINS & COIE LLP
[e-mail]

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Attorneys for Plaintiff
SERVER TECHNOLOGY, INC.

/s/Terrence J. Truax
Terrence J. Truax
Kristopher R. Kiel
Michael G. Babbitt
JENNER & BLOCK LLP
353 N. Clark Street
Chicago, Illinois 60654
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
AMERICAN POWER CONVERSION CORPORATION

Case 3:06-cv-00698-LRH-VPC Document 425 Filed 09/06/13 Page 5 of 5

CERTIFICATE OF SERVICE

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The undersigned hereby certifies that a copy of the foregoing was served on September 6,
2013 by the Court’s electronic filing system to the following:
Matthew B. Hippler (Nevada SBN 7015)
HOLLAND & HART LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Telephone: [phone]
[e-mail]
James E. Hartley
HOLLAND & HART LLP
555 Seventeenth Street, Suite 3200
Denver, Colorado 80202
Telephone: [phone]
[e-mail]
Donald A. Degnan
HOLLAND & HART LLP
1800 Broadway, Suite 300
Boulder, CO 80302
Telephone: [phone]
[e-mail]

Shane P. Coleman
HOLLAND & HART LLP
401 North 31st Street, Suite 1500
Billings, Montana 59101
Telephone: [phone]
[e-mail]
Michael R. Henson
PERKINS & COIE LLP
1900 Sixteenth Street, Ste. 1400
Denver, CO 80202
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff Server Technology,
Inc.

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/s/ Kristopher R. Kiel

.