Beneficial Innovations, Inc. v. Careerbuilder, LLC et al
Filing
167
Joint MOTION to Amend/Correct 166 Order, Set Deadlines/Hearings, Terminate Motions,,,,,, by Beneficial Innovations, Inc., Disney Online, IAC Search & Media, Inc.. (Attachments: # 1 Text of Proposed Order)(Smith, Kevin)
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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. 166. The only defendants
remaining in the case are Disney Online and IAC Search & Media, Inc. Currently, the Parties
have reached an agreement in principal to settle this matter and are drafting settlement
agreements. The Parties, therefore, 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
Date (Original)
September 4, 2012
Date (Proposed)
Unchanged
Final Pretrial Conference - 9:30 a.m. in Marshall,
Texas
August 20, 2012
Unchanged
The parties are ordered to meet and confer on their
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).
Date (Proposed)
Objections to Witnesses, Deposition Designations, and
Exhibits contained in the Joint Final Pretrial Order and
Counter-Deposition Designations due
August 6, 2012
Unchanged
Joint Final Pretrial Order, Joint Proposed Jury
Instructions and Form of the Verdict
July 23, 2012
Unchanged
Motions in Limine due
July 23, 2012
Unchanged
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 lsimmons@yahoo.com.
July 23, 2012
Unchanged
Defendants to Identify Trial Witnesses
July 23, 2012
Unchanged
Plaintiff to Identify Trial Witnesses
July 9, 2012
Unchanged
Response to Dispositive Motions (including Daubert
motions)
May 30, 2012
Unchanged
Mediation to Be Completed
May 25, 2012
Unchanged
Deadline for filing Dispositive Motions and any other
motions that may require a hearing (including Daubert
motions)
May 2, 2012 or 80
days after claim
construction ruling
(whichever is
later)
Unchanged
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.
00709.51615/4137266.1
2
Description
Discovery Deadline
Date (Original)
Date (Proposed)
April 2, 2012 or 65 Unchanged
days after claim
construction ruling
(whichever is
later)
Designate Rebuttal Expert Witnesses other than claims
construction Rebuttal expert witness report due
(Refer to Discovery Order for required information.)
January 20, 2012
or 50 days after
claim construction
ruling (whichever
is later)
Unchanged
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.)
December 23,
2011 or 35 days
after claim
construction ruling
(whichever is
later)
Unchanged
Fact discovery deadline
November 23,
2011 or 30 days
after claim
construction ruling
(whichever is
later)
Unchanged
Comply with P.R. 3-7 re: willfulness
October 19, 2011
or 15 days after
claim construction
ruling (whichever
is later)
Unchanged
Claim construction hearing 9:00 a.m., Marshall,
Texas.
September 27,
2011
Unchanged
Comply with P.R. 4-5(d)
September 16,
2011
Unchanged
Comply with P.R. 4-5(c)
August 19, 2011
September 9,
2011
Comply with P.R. 4-5(b)
August 12, 2011
September 2,
2011
Parties to inform court if no disputes concerning
August 11, 2011
September 5,
00709.51615/4137266.1
3
Description
privileged documents or information
Date (Original)
Date (Proposed)
2011
Comply with P.R. 4-5(a)
July 29, 2011
August 19, 2011
Comply with P.R. 4-4 (Discovery deadline-claims
construction issues)
July 22, 2011
August 12, 2011
Comply with P.R. 4-3
July 1, 2011
August 5, 2011
Respond to Amended Pleadings
July 1, 2011
August 1, 2011
Privilege Logs to be exchanged by parties
June 17, 2011
August 5, 2011
Amend Pleadings
June 10, 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.)
June 30, 2011
Join Additional Parties
June 10, 2011
June 30, 2011
Comply with P.R. 4-2
June 3, 2011
July 29, 2011
Comply with P.R. 4-1
May 20, 2011
July 15, 2011
Comply with P.R. 3-3 and 3-4
May 13, 2011
July 8, 2011
00709.51615/4137266.1
4
DATE: May 12, 2011
By /s/ Kevin A. Smith
QUINN EMANUEL URQUHART & SULLIVAN
LLP
Charles K. Verhoeven
charlesverhoeven@quinnemanuel.com
Jennifer A. Kash
jenniferkash@quinnemanuel.com
Kevin A. Smith
kevinsmith@quinnemanuel.com
Howard Chen
howardchen@quinnemanuel.com
50 California Street, 22nd Floor
San Francisco, California 94111
(415) 875-6600
J. Thad Heartfield
Texas Bar No. 09346800
The Heartfield Law Firm
2195 Dowlen Road
Beaumont, Texas 77706
Phone: (409) 866-3318
Fax: (409) 866-5789
E-mail: thad@jth-law.com
Attorneys for Defendants Disney Online,
and IAC Search & Media, Inc.
00709.51615/4137266.1
5
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) 656–7066
Facsimile: (310) 657–7069
Email: greg@dovellaw.com
ATTORNEYS FOR PLAINTIFF,
BENEFICIAL INNOVATIONS, INC.
00709.51615/4137266.1
6
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 May 12, 2011. Any other counsel of record will be served by first class
mail.
/s/ Kevin A. Smith
00709.51615/4137266.1
7
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