Bytemark, Inc. v. Xerox Corp. et al

Filing 155

ORDER: As stated on the record during today's conference, the parties are directed to file a revised case management plan and joint letter by January 28, 2022. The parties' joint letter should address the following: (1) a brief descrip tion of the case, including the factual and legal bases for the claims and defenses; (2) the status of discovery; (3) any disputes with regards to the case management plan; (4) any contemplated motions; and (5) the prospect for settlement. I n light of the Court's finding that Defendants did not demonstrate in opposing the motion to amend that Plaintiff had engaged in inequitable conduct (Dkt. No. 147), Defendants are directed to state whether they agree to the dismissal of their Twelfth Affirmative Defense and Counterclaim V. (See Dkt. Nos. 141-42) Defendants' statement should be included in the parties' joint letter. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/21/2022) (ks)

Case 1:17-cv-01803-PGG-KNF Document 155 Filed 01/21/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
BYTEMARK, INC.,
Plaintiff,
-against-

ORDER

XEROX CORP., ACS TRANSPORT
SOLUTIONS, INC., XEROX
TRANSPORT SOLUTIONS, INC.,
CONDUENT INC., and NEW JERSEY
TRANSIT CORP.

17 Civ. 1803 (PGG)

Defendants.
PAUL G. GARDEPHE, U.S.D.J.:
As stated on the record during today’s conference, the parties are directed to file a
revised case management plan and joint letter by January 28, 2022.
The parties’ joint letter should address the following: (1) a brief description of the
case, including the factual and legal bases for the claims and defenses; (2) the status of
discovery; (3) any disputes with regards to the case management plan; (4) any contemplated
motions; and (5) the prospect for settlement.
In light of the Court’s finding that Defendants did not demonstrate – in opposing
the motion to amend – that Plaintiff had engaged in inequitable conduct (Dkt. No. 147),
Defendants are directed to state whether they agree to the dismissal of their Twelfth Affirmative
Defense and Counterclaim V. (See Dkt. Nos. 141-42) Defendants’ statement should be included
in the parties’ joint letter.

Case 1:17-cv-01803-PGG-KNF Document 155 Filed 01/21/22 Page 2 of 2

Dated: New York, New York
January 21, 2022
SO ORDERED.
_________________________________
Paul G. Gardephe
United States District Judge