Ball Metal Beverage Container Corporation v. Crown Packaging Technology, Inc. et al

Filing 178

ORDER DIRECTING COUNSEL FOR BALL METAL BEVERAGE CONTAINER CORP., REXAM BEVERAGE CAN COMPANY, CROWN PACKAGING TECHNOLOGY, INC., AND CROWN CORK & SEAL USA, INC., TO FILE REPLIES TO THE POSITION STATEMENTS (DOC. # 177 ) OF OPPOSING COUNSEL, ADDRESSING (1) THE NEED FOR ANY ADDITIONAL DISCOVERY AND THE AMOUNT OF TIME REQUIRED TO COMPLETE THE DISCOVERY; (2) WHETHER A HEARING SHOULD BE CONDUCTED AND, IF SO, THE NUMBER OF WITNESSES AND THE AMOUNT OF TIME NEEDED; AND (3) WHY A FULL TRIAL DOES OR DOES NOT EXCEED THE SCOPE OF THE COURT'S REMAND; REPLIES TO BE BY SIMULTANEOUS SUBMISSION ON APRIL 21, 2021, NO LATER THAN 5:00 P.M. Signed by Judge Walter H. Rice on 4/9/2021. (srb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
BALL METAL BEVERAGE
CONTAINER CORP.,
Plaintiff/Counterclaim Defendant,

vs.
CROWN PACKAGING TECHNOLOGY,
INC. AND CROWN CORK & SEAL USA, INC.,:

Case No. 3: 12-cv-033
JUDGE WALTER H. RICE

Defendant/Counterclaim Plaintiffs,
vs.
REXAM BEVERAGE CAN COMPANY,
Cou ntercla i m/Defenda nt.

ORDER DIRECTING COUNSEL FOR BALL METAL BEVERAGE CONTAINER
CORP., REXAM BEVERAGE CAN COMPANY, CROWN PACKAGING
TECHNOLOGY, INC., AND CROWN CORK & SEAL USA, INC., TO FILE REPLIES
TO THE POSITION STATEMENTS (DOC. #177) OF OPPOSING COUNSEL,
ADDRESSING (1) THE NEED FOR ANY ADDITIONAL DISCOVERY AND THE
AMOUNT OF TIME REQUIRED TO COMPLETE THE DISCOVERY; (2) WHETHER A
HEARING SHOULD BE CONDUCTED AND, IF SO, THE NUMBER OF WITNESSES
AND THE AMOUNT OF TIME NEEDED; AND (3) WHY A FULL TRIAL DOES OR
DOES NOT EXCEED THE SCOPE OF THE COURT'S REMAND; REPLIES TO BE BY
SIMULTANEOUS SUBMISSION ON APRIL 21, 2021, NO LATER THAN 5:00 P.M.

On March 24, 2021, a conference call was held with counsel concerning the
December 31, 2020, decision from the United States Court of Appeals for the

Federal Circuit, Case No. 2020-1212, Doc. #174, and the separate position
statements filed by the parties, Doc. #177.
Based on the Court's review of the appellate decision and the position
statements, counsel are to file replies to the opposing party's position statement,
Doc. #177, concerning the limited issue remanded by the Federal Circuit and
addressing the following: (1) the need for any additional discovery and the
amount of time required to complete the discovery; (2) whether a hearing should
be conducted and, if so, the number of witnesses and the amount of time needed;
and (3) why a full trial does or does not exceed the scope of the remand.
Counsel are to file their replies by simultaneous submission on Wednesday,
April 21, 2021, no later than 5:00 p.m.

APRIL 9, 2021

WALTER H. RICE
UNITED STATES DISTRICT JUDGE

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