Rotex Global, LLC v. Gerard Daniel Worldwide, Inc.

Filing 72

ORDER VACATING CMO 16 , settting schedule for supp'l br'ng on issue of claims construction (pltf supp'l due 1/2/18, deft's resp due 2/2/18), DISMISSING pltf's motion 55 req'ng claims construction hearing w/ out preju dice w/ parties to file jt status rpt advising ct of positions on necessity of claims construction hrg by 2/9/18, holding deft's MSJ 20 in abeyance pending conc of proceedings in Para 2 herein, SUSPENDING all discovery re: damages pending reso lutio of liability issues but permitting service of written discovery requests re: damages, & noting ct will enter appropriate protective order & directs that questions or concerns re: improper disclosure of confidential info be submitted to ct for prompt resolutionw/ motions re: same permitted to be filed under seale & shall be addressed by ct w/ dispatch. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/30/17. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ROTEX GLOBAL, LLC, Plaintiff v. GERARD DANIEL WORLDWIDE, INC., Defendant : : : : : : : : : : CIVIL ACTION NO. 1:17-CV-2118 (Chief Judge Conner) ORDER AND NOW, this 30th day of November, 2017, following the status conference with counsel of record in the above-captioned matter on today’s date, it is hereby ORDERED that: 1. The case management order (Doc. 16) is VACATED. 2. As a result of the court’s preferences expressed during the status conference, and in consideration of plaintiff Rotex Global, LLC’s (“Rotex”) motion (Doc. 43) for claims construction: a. Rotex shall file a supplemental brief on the issue of claims construction on or before Tuesday, January 2, 2018. b. c. 3. Defendant Gerard Daniel Worldwide, Inc. (“Gerard Daniel”) shall file a responsive brief on the issue of claims construction on or before Friday, February 2, 2018. Rotex’s motion (Doc. 55) requesting a claims construction hearing is DISMISSED without prejudice. On or before Friday, February 9, 2018, the parties shall file a joint status report advising the court of their respective positions on the necessity of a claims construction hearing. Gerard Daniel’s motion (Doc. 20) for summary judgment shall be held in abeyance pending the conclusion of the proceedings outlined in paragraph 2. 4. All discovery regarding damages is SUSPENDED pending resolution of liability issues. However, the fact of this suspension shall not prevent either party from serving written discovery requests on the subject of damages. Notwithstanding the foregoing, either party may respond to discovery requests on the subject of damages. 5. The court will enter an appropriate protective order taking into consideration the concerns of all counsel. The court hereby directs that questions or concerns regarding the improper disclosure of confidential information be submitted to the court for prompt resolution. Motions concerning improper disclosure of confidential information may be filed under seal and shall be addressed by the court with dispatch. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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