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)
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
Description
Jury Selection - 9:00 a.m. in Marshall, Texas
August 20, 2012
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
July 23, 2012
Joint Final Pretrial Order, Joint Proposed Jury Instructions and Form of
Date
Description
the Verdict
July 23, 2012
Motions in Limine due
July 23, 2012
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
Defendants to Identify Trial Witnesses
July 9, 2012
Plaintiff to Identify Trial Witnesses
May 30, 2012
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.
May 25, 2012
Mediation to Be Completed
May 2, 2012 or 80
days after claim
construction ruling
(whichever is later)
Deadline for filing Dispositive Motions and any other motions that may
require a hearing (including Daubert motions)
April 2, 2012 or 65
days after claim
construction ruling
(whichever is later)
Discovery Deadline
January 20, 2012 or
50 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.)
December 23, 2011
Party with the burden of proof to designate Expert Witnesses other than
1
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.
00709.51615/4137269.1
2
Date
or 35 days after
claim construction
ruling (whichever is
later)
Description
claims construction
Expert witness report due
(Refer to Discovery Order for required information.)
November 23, 2011
or 30 days after
claim construction
ruling (whichever is
later)
Fact discovery deadline
October 19, 2011 or
15 days after claim
construction ruling
(whichever is later)
Comply with P.R. 3-7 re: willfulness
September 27, 2011
Claim construction hearing 9:00 a.m., Marshall, Texas.
September 16, 2011
Comply with P.R. 4-5(d)
September 9, 2011
Comply with P.R. 4-5(c)
September 5, 2011
Parties to inform court if no disputes concerning privileged documents
or information
September 2, 2011
Comply with P.R. 4-5(b)
August 19, 2011
Comply with P.R. 4-5(a)
August 12, 2011
Comply with P.R. 4-4 (Discovery deadline-claims construction issues)
August 5, 2011
Comply with P.R. 4-3
August 5, 2011
Privilege Logs to be exchanged by parties
August 1, 2011
Respond to Amended Pleadings
July 29, 2011
Comply with P.R. 4-2
July 15, 2011
Comply with P.R. 4-1
July 8, 2011
Comply with P.R. 3-3 and 3-4
June 30, 2011
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
00709.51615/4137269.1
3
Date
Description
Leave to Amend after the amended pleadings date set forth
herein.)
June 30, 2011
Join Additional Parties
00709.51615/4137269.1
4
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