EMG Technology, LLC v. Apple, Inc.

Filing 224

ORDER granting 199 Motion to Vacate the deadlines in the Docket Control and Discovery Orders and for Case Management Conference. This case is CONSOLIDATED with cause 6:09cv367 for pretrial purposes. Cause 6:09cv367 is designated as the LEAD CASE. The Court VACATES all previous scheduling dates in this cause, and appoints Robert Faulkner as Mediator. Parties are to submit agreed Docket Control and Discovery Orders to the Court by 02-16-2010. For purposes of computing the time deadlines under the local patent rules, the Court deems 02-16-2010 as the effective Rule 16 Initial Case Management Conference date, and thus pltf's PR 3-1 and 3-2 disclosures will be due 02-19-2010. Signed by Judge Leonard Davis on 02/05/10. cc:attys 2-05-10 (mll, )

EMG Technology, LLC v. Apple, Inc.

Doc. 224

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION EMG TECHNOLOGY, LLC Plaintiff, vs. APPLE, INC., et al. Defendants. § § § § § § § § §

CASE NO. 6:08 CV 447 PATENT CASE

EMG TECHNOLOGY, LLC Plaintiff, vs. MICROSOFT CORP., et al. Defendants.

§ § § § § § § § § ORDER

CASE NO. 6:09 CV 367 PATENT CASE

As stated at the Joint Status Conference on February 1, 2010, the Court GRANTS Apple Inc.'s Motion to Vacate the Deadlines in the Docket Control and Discovery Orders and For a Case Management Conference (Docket No. 199) and GRANTS the parties' joint request to consolidate the above cases. The 6:08cv447 and 6:09cv367 cases are consolidated for pre-trial purposes.1 The 6:09cv367 case will be the lead case. The Court VACATES all previous scheduling dates in the 6:08cv447

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The Court will take up consolidation issues related to trial at a later date upon motion of the parties.

Dockets.Justia.com

case.2 The cases are set as follows: Markman Hearing: January 27, 2011 at 9:30 a.m Pretrial Conference: August 25, 2011 at 9:00 a.m. Jury Selection: September 6, 2011 at 9:00 a.m. Jury Trial: September 12, 2011 at 9:00 a.m. In addition, the Court ORDERS that Former Magistrate Judge Robert Faulkner, JAMS, 8401 North Central Expressway, Suite 610, Dallas, Texas 75225, [phone], [phone] (Fax) is appointed as mediator in this case. Mediation shall be conducted in accordance with the CourtAnnexed Mediation Plan. See Appendix H to Local Rules, available on the Court's website at www.txed.uscourts.gov. The parties are to submit agreed Docket Control and Discovery Orders to the Court by February 16, 2010.3 The parties shall include in the Docket Control Order the name and contact information of their appointed mediator, with the first round of mediation taking place before the claim construction hearing. If the parties are unable to resolve their disagreements concerning the Docket Control and Discovery Orders, the parties shall submit to the Court their competing proposals along with a summary of their disagreements. For purposes of computing the time deadlines under the local patent rules, the Court deems February 16, 2010 as the effective Rule 16 Initial Case Management

However, within 10 days after a Protective Order is entered in this case, Defendants Apple and American A ir lin e s shall comply with the existing schedule for disclosures under P.R. 3-3 and 3-4 and Paragraphs 1 and 2 of the e x is tin g Discovery Order in Case No. 6:08cv447. This should be reflected in the parties' agreed Docket Control and D is c o v e r y Orders. The Court's standard Docket Control Order and Discovery Order are available on the Court's website at h t t p : / / w w w .t x e d . u s c o u r t s .g o v /J u d g e s / D a v i s / O r d e r s & F o r m s . h tm .
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Conference date. Plaintiff's P.R. 3-1 and 3-2 disclosures will be due February 19, 2010 as agreed to by the parties in their Joint Conference Report (Docket No. 221). So ORDERED and SIGNED this 5th day of February, 2010.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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