Beneficial Innovations, Inc. v. Careerbuilder, LLC et al

Filing 165

Joint MOTION to Modify Docket Control Order Pursuant to Fed. R. Civ. P. 16(b)(4) by Disney Online, IAC Search & Media, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Kevin)

Beneficial Innovations, Inc. v. Careerbuilder, LLC et al

Doc. 165

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BENEFICIAL INNOVATIONS, INC., Plaintiff, v. CASE NO. 2:09-CV-175-TJW CAREERBUILDER LLC, et al., Defendants.

JOINT MOTION TO MODIFY THE DOCKET CONTROL ORDER PURSUANT TO FED. R. CIV. P. 16(b)(4) Defendants Disney Online and IAC Search & Media, Inc. jointly move with Plaintiff Beneficial Innovations, Inc. (collectively "the Parties") to modify the Court's Docket Control Order from October 25, 2010 under Fed. R. Civ. P. 16(b)(4). Dkt. 143. The only defendants remaining in the case are Disney Online and IAC Search & Media, Inc. Currently, the Parties are in the midst of settlement discussions. In light of the settlement discussions, the Parties seek the Court's leave to extend the upcoming deadlines. In order to accommodate the extensions, the Parties propose the following modifications to the Court's Docket Control Order as shown below. The proposed modifications will not affect any hearing date in front of the Court, including the Court's dates for the Markman hearing on September 27, 2011 and jury selection for trial on September 4, 2012. Description Jury Selection - 9:00 a.m. in Marshall, Texas Final Pretrial Conference - 9:30 a.m. in Marshall, Texas The parties are ordered to meet and confer on their Date (Original) September 4, 2012 August 20, 2012 Date (Proposed) Unchanged Unchanged

Dockets.Justia.com

Description Date (Original) respective motions in limine and advise the court of any agreements in this regard by 3:00 p.m. the business day before the pretrial conference. The parties shall limit their motions in limine to those issues which, if improperly introduced into the trial of the case would be so prejudicial that the court could not alleviate the prejudice with appropriate instruction(s). Objections to Witnesses, Deposition Designations, and Exhibits contained in the Joint Final Pretrial Order and Counter-Deposition Designations due Joint Final Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict Motions in Limine due Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings. If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and e-mail the Court Reporter, Susan Simmons, at [e-mail]. Defendants to Identify Trial Witnesses Plaintiff to Identify Trial Witnesses Response to Dispositive Motions (including Daubert motions) Responses to dispositive motions filed prior to the dispositive motion deadline, including Daubert motions, shall be due in accordance with Local Rule CV-7(e). Motions for Summary Judgment shall comply with Local Rule CV56. Mediation to Be Completed Deadline for filing Dispositive Motions and any other motions that may require a hearing (including Daubert motions) May 25, 2012 May 2, 2012 or 80 days after claim construction ruling (whichever is later) August 6, 2012

Date (Proposed)

Unchanged

July 23, 2012 July 23, 2012 July 23, 2012

Unchanged Unchanged Unchanged

July 23, 2012 July 9, 2012 May 30, 2012

Unchanged Unchanged Unchanged

Unchanged Unchanged

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Description Discovery Deadline

Date (Original) Date (Proposed) April 2, 2012 or 65 Unchanged days after claim construction ruling (whichever is later) January 20, 2012 or 50 days after claim construction ruling (whichever is later) December 23, 2011 or 35 days after claim construction ruling (whichever is later) November 23, 2011 or 30 days after claim construction ruling (whichever is later) October 19, 2011 or 15 days after claim construction ruling (whichever is later) September 27, 2011 September 16, 2011 August 19, 2011 August 12, 2011 August 11, 2011 Unchanged

Designate Rebuttal Expert Witnesses other than claims construction Rebuttal expert witness report due (Refer to Discovery Order for required information.)

Party with the burden of proof to designate Expert Witnesses other than claims construction Expert witness report due (Refer to Discovery Order for required information.)

Unchanged

Fact discovery deadline

Unchanged

Comply with P.R. 3-7 re: willfulness

Unchanged

Claim construction hearing 9:00 a.m., Marshall, Texas. Comply with P.R. 4-5(d) Comply with P.R. 4-5(c) Comply with P.R. 4-5(b) Parties to inform court if no disputes concerning privileged documents or information

Unchanged Unchanged Unchanged Unchanged Unchanged

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Description Comply with P.R. 4-5(a) Comply with P.R. 4-4 (Discovery deadline-claims construction issues) Comply with P.R. 4-3 Respond to Amended Pleadings Privilege Logs to be exchanged by parties

Date (Original) July 29, 2011 July 14, 2011 June 14, 2011 June 13, 2011 June 3, 2011

Date (Proposed) Unchanged July 22, 2011 July 1, 2011 July 1, 2011 June 17, 2011 June 10, 2011

Amend Pleadings May 23, 2011 (It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings except to the extent the amendment seeks to add a new patent in suit. It is necessary to file a Motion for Leave to Amend after the amended pleadings date set forth herein.) Join Additional Parties Comply with P.R. 4-2 Comply with P.R. 4-1 Comply with P.R. 3-3 and 3-4 May 23, 2010 May 16, 2011 April 25, 2011 April 1, 2011

June 10, 2011 June 3, 2011 May 20, 2011 May 13, 2011

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DATE: March 16, 2011 By /s/ Kevin A. Smith QUINN EMANUEL URQUHART & SULLIVAN LLP Charles K. Verhoeven [e-mail] Jennifer A. Kash [e-mail] Kevin A. Smith [e-mail] Howard Chen [e-mail] 50 California Street, 22nd Floor San Francisco, California 94111 [phone] J. Thad Heartfield Texas Bar No. 09346800 The Heartfield Law Firm 2195 Dowlen Road Beaumont, Texas 77706 Phone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants Disney Online, and IAC Search & Media, Inc.

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By: /s/ Julien A. Adams (with permission) Gregory S. Dovel Cal. State Bar No. 135387 Julien A. Adams Cal. State Bar No. 156135 Dovel & Luner, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: (310) 656­7066 Facsimile: (310) 657­7069 Email: [e-mail] ATTORNEYS FOR PLAINTIFF, BENEFICIAL INNOVATIONS, INC.

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CERTIFICATE OF SERVICE The undersigned certifies that all counsel of record who have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3) on March 16, 2011. Any other counsel of record will be served by first class mail. /s/ Kevin A. Smith

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