Datatreasury Corporation v. Wells Fargo & Company et al

Filing 259

Minute Entry for proceedings held before Judge David Folsom : Status Conference held on 8/29/2006. Scheduling Conference set for 10/19/2006 02:00 PM in Ctrm 106 (Marshall) before Judge David Folsom. (Court Reporter none.) (Hearing was originally set in '05 case but, should have been held in this case. Mins docketed in both cases.) (mrm, )

Datatreasury Corporation v. Wells Fargo & Company et al

Doc. 259

Case 2:06-cv-00072-DF-CMC

Document 259

Filed 08/29/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

TIME 1:55

(OPEN)

DATE 8/29/06 REPORTER Libby Crawford § § § § § §

JUDGE David Folsom DATA TREASURY CORP V.

CIVIL ACTION NO. 2:03CV459

BANK OF AMERICA

STATUS CONFERENCE

ATTORNEYS FOR PLAINTIFF: Ed Hohn; Shepard Lane; Carey Patterson; ATTORNEYS FOR DEFENDANT: Thomas Melsheimer; Robert Parker; Bill Boyce LAW CLERK: David Keyzer THIS DAY CAME THE PARTIES BY THEIR ATTORNEYS AND THE FOLLOWING PROCEEDINGS WERE HAD: 1:55 ICC ct/ which case should we be here on; Parker/ `06 case; ct/ common to all cases is mo to stay; full or partial; Hohn/ mo to stay should be denied but only covers several patents; Patterson/ we recognize until it comes out of re-exam we can not go to trial but we should be wide open and ready for trial when it comes out of re-exam; Mesheimer/ responds; ct/ partial stay talking to Ballard group; Melsheimer/ yes sir; ct/ discovery going on concerning them; Melsheimer/ partial stay as to Ballard part of the case; Boyce/ separate groups of patents and different issues so discovery would not be duplicate and stay of Ballard patents makes sense; ct/ thought to grouping; Melsheimer/ grouping of patents we have given thought to that; hohn/ Wachovia is intertwined with Wells Fargo; melsheimer/ operation system not CEO's; when you sue a bank you are suing several different; Boyce/ your not suing different banks but the predecessor systems; ct/ common understanding among dfts re: grouping; Boyce/ there is some logic to group; ct/ what needs to be done to accomplish that; Melsheimer/ need to know what is accused; ct/ has one been filed on all 50; Melsheimer/ yes; Hohn/ responds; 2:10 Parker/ virtually un-triable in its present state; ct/ struggling with same issue in Katz; need to think of some way to streamline this case and need to think in terms of 10 claims; ct/ how many asserted claims; hohn/ it will be in this 10's; Melsheimer/ some commonality; Parker/ view point of the world from 2 camps is that substantial part of case will be tried and need to know early on how it will be structured; Boyce/ need to look at individual patents and might make more sense grouping patents and dfts; Parker/ would it be helpful for ptys to confer and send letter letting ct know what we came up with; Hohn/ don't have time and have worked to file joint scheduling order; 2;17 Melsheimer/ responds can work great when dealing with one or two but here they have sued 50; ct/ discovery in trial management; trying all is impossible and maybe premature to try and decide; ct/ will have to decide the stay, an agreement can't be reached; Melsheimer/ we need to know what we are accused of doing;

Dockets.Justia.com

Case 2:06-cv-00072-DF-CMC

Document 259

Filed 08/29/2006

Page 2 of 2

2:20 ct/ will enter detailed scheduling order; looking for something manageable 2 maybe 3 week trial; Hohn/ we can do that; ct/ when more information is obtained it will be easier to stream line; ct/ do we set a MC; and get everybody working; Hohn/ can be ready quickly W ells, Wachovia, Suntrust and Bankcorp South; Boyce/ can we have picks before MC and grouping; Hohn/ we would be happy to give Mr. Boyce his picks and can have that to them in 2 weeks; 2:25 Patterson/ we've given it a stab to try and figure out some groups; Melsheimer/ need more information; ct/ reasonable date to set rule 16 conference and if ptys can't work through it then ct will need to decide; Hohn/ 9/15th; ct/ will be tied up the next few weeks; Hohn/ we can go down the line and try to work it out; Melsheimer/ would certainly be ready October; ct/ have in mind at the earliest the trial date and ct will deal with stay issue; will set for hrg in Marshall 10/4th or could have it afternoon of 10/19th; ct/ will set for 10/19th at 2pm this is set for 2:06cv72 case; ct/ SM concerning discovery thoughts and who do you suggest; Hohn/ no problem with Danny Williams; Melsheimer/ can't decide for the others; parker/ tech advisor and can ptys try to agree on someone; Melsheimer/ would be easier to send this offshore; Hohn/ needs to be somebody who knows these claims; Melsheimer/ don't agree with qualifications; Parker/ can suggest 2 each; ct/ generally go with a list of three but it may be helpful to give 2 to each; 2:35 Melsheimer/ mo that we have not been told enough and that is really what issue is; ct/ might be helpful to give these gentlemen more information by the 19th; that is an order Mr. Hohn; Hohn/ yes sir; ct/ will try to rule on Ballard group by the 19th; Melsheimer/ keeping separate cases makes sense; Boyce/ banks in `05 case do not want to be consolidated; Boyce/ confusing to have everything back in one case; ct/ hope conference has been helpful; ptys it has; 2:43 recess;

DAVID J. MALAND, CLERK BY: Mel Martin Courtroom Deputy TIME: 2:43 (ADJOURN)