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 Att. 1

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.

ORDER Before the Court is Disney Online, IAC Search & Media, Inc. and Beneficial Innovations, Inc.'s Joint Motion to Modify the Docket Control Order Pursuant to Fed. R. Civ. P. 16(b)(4). Good cause showing, the Court concludes that the Motion should be GRANTED. It is therefore ORDERED that the following schedule of deadlines is in effect until further order of this court: Date September 4, 2012 August 20, 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 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). August 6, 2012 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

July 23, 2012

Dockets.Justia.com

Date July 23, 2012 July 23, 2012

Description 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)1 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.

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

May 25, 2012 May 2, 2012 or 80 days after claim construction ruling (whichever is later) April 2, 2012 or 65 days after claim construction ruling (whichever is later) January 20, 2012 or 50 days after claim construction ruling (whichever is later) December 23, 2011
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Mediation to Be Completed Deadline for filing Dispositive Motions and any other motions that may require a hearing (including Daubert motions)

Discovery Deadline

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

The parties are directed to Local Rule CV-7(d), which provides in part that "[i]n the event a party fails to oppose a motion in the manner prescribed herein, the court will assume that the party has no opposition." Local Rule CV-7(e) provides that a party opposing a motion has 12 days, in addition to any added time permitted under Fed. R. Civ. P. 6(e), in which to serve and file a response and any supporting documents, after which the court will consider the submitted motion for decision.

00709.51615/4012782.1

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Date 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 July 29, 2011 July 22, 2011 July 1, 2011 July 1, 2011 June 17, 2011 June 10, 2011

Description claims construction Expert witness report due (Refer to Discovery Order for required information.) Fact discovery deadline

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

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 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 Amend Pleadings (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

June 10, 2011

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Date June 3, 2011 May 20, 2011 May 13, 2011

Description Comply with P.R. 4-2 Comply with P.R. 4-1 Comply with P.R. 3-3 and 3-4

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