Anascape, Ltd v. Microsoft Corp. et al

Filing 155

Joint MOTION to Amend/Correct Scheduling Order by Microsoft Corp.. (Attachments: # 1 Exhibit [Proposed] Second Amended Scheduling Order)(Toddy, Derrick)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 155

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION § § § Hon. Ron Clark § § Civil Action No.: 9:06-CV-00158-RC § § § § § § §

ANASCAPE, LTD., Plaintiff, v. MICROSOFT CORP. and NINTENDO OF AMERICA INC., Defendants.

JOINT MOTION TO FURTHER AMEND THE SCHEDULING ORDER The parties respectfully request that the Court amend the Scheduling Order governing this action as follows: 1. The deadline for "Parties with burden of proof to designate Expert Witnesses other than claims construction experts, and provide their expert witness reports, to include for ALL experts all information set out in Rule 26(2)(B)" currently scheduled for November 16, 2007, now shall be December 18, 2007. 2. The deadline for "Parties to Designate Expert Witnesses on issues for which the parties do not bear the burden of proof, and provide their expert witness reports, to include for ALL experts all information set out in Rule 26(2)(B)" currently scheduled for December 7, 2007, now shall be January 21, 2008. 3. The deadline to "File Dispositive Motions and any other motions that may require a hearing" currently scheduled for January 9, 2008, now shall be January 22, 2008.

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4. The Discovery Deadline currently scheduled for December 13, 2007, now shall be January 25, 2008. 5. The Expert Discovery Deadline currently scheduled for December 20, 2007, now shall be February 7, 2008. 6. The deadline to provide "Notice of intent to offer certified records" currently scheduled for January 28, 2008, now shall be February 11, 2008. 7. The date by which "Counsel and unrepresented parties are each responsible for contacting opposing counsel and unrepresented parties to determine how they will prepare the Joint Final Pretrial Order" currently scheduled for January 28, 2008, now shall be February 11, 2008. 8. The due date for "Video Deposition Designation" currently scheduled for February 4, 2008, now shall be February 18, 2008. 9. The due date for "Motions in limine" currently scheduled for February 11, 2008, now shall be February 25, 2008. 10. The due date for "Responses to motions in limine" currently scheduled for February 18, 2008, now shall be March 3, 2008. 11. "Docket call and Final Pretrial" for the parties' first trial currently scheduled for March 3, 2008, now shall be March 17, 2008. 12. "Jury Selection and Trial" for the parties' first trial currently scheduled for March 10, 2008, now shall be March 18, 2008. These changes have no effect on deadlines for, or the date of, the parties' second trial, which is currently set to begin on May 12, 2008. The text of a proposed Order is attached as Exhibit A.

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Dated: November 6, 2007

Respectfully submitted,

By:_/s/_Derrick W. Toddy___________ J. Christopher Carraway (pro hac vice) [e-mail] Joseph T. Jakubek (pro hac vice) [e-mail] Richard D. Mc Leod (Bar No. 24026836) [e-mail] Derrick W. Toddy (pro hac vice) [e-mail] KLARQUIST SPARKMAN, LLP 121 S.W. Salmon Street, Suite 1600 Portland, Oregon 97204 J. Thad Heartfield (Bar No. 09346800) [e-mail] LAW OFFICES OF J. THAD HEARTFIELD 2195 Dowlen Road Beaumont, Texas 77706 Clayton E Dark Jr. (Bar No. 05384500) [e-mail] CLAYTON E DARK JR., LAW OFFICE 207 E Frank Ave # 100 Lufkin, TX 75901 Stephen McGrath, Esq. (pro hac vice) MICROSOFT CORPORATION One Microsoft Way, Building 8 Redmond, Washington 98052-6399 ATTORNEYS FOR DEFENDANT MICROSOFT CORP.

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AGREED TO BY: By: /s/ Luke F. McLeroy (with permission, by Derrick W. Toddy) ________________ Sam Baxter Lead Attorney Texas State Bar No. 01938000 [e-mail] MCKOOL SMITH, P.C. P.O. Box O 505 E. Travis, Suite 105 Marshall, Texas 75670 Telephone: [phone] Facsimile: [phone] Theodore Stevenson, III Texas State Bar No. 19196650 [e-mail] Luke F. McLeroy Texas State Bar No. 24041455 [e-mail] MCKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: [phone] Telecopier: [phone] Robert M. Parker Texas State Bar No. 15498000 [e-mail] Robert Christopher Bunt Texas State Bar No. 00787165 [e-mail] Charles Ainsworth Texas State Bar No. 00783521 [e-mail] PARKER, BUNT & AINSWORTH P.C. 100 E. Ferguson Street, Suite 1114 Tyler, Texas 75702 Telephone: [phone] Telecopier: [phone] ATTORNEYS FOR PLAINTIFF ANASCAPE, LTD.

AGREED TO BY: By: /s/ Robert J. Gunther, Jr. (with permission, by Derrick W. Toddy) Robert J. Gunther, Jr. (pro hac vice) [e-mail] James S. Blank (pro hac vice) [e-mail] LATHAM & WATKINS LLP 885 Third Avenue, Suite 1000 New York, NY 10022-4802 Robert W. Faris (pro hac vice) [e-mail] Joseph S. Presta (pro hac vice) [e-mail] NIXON & VANDERHYE P.C. 901 North Glebe Road, 11th Floor Arlington, VA 22203 Lawrence L. Germer [e-mail] Charles W. Goehringer, Jr. [e-mail] GERMER GERTZ, L.L.P. 550 Fannin, Suite 500 Beaumont, TX 77713 ATTORNEYS FOR DEFENDANT NINTENDO OF AMERICA INC.

CERTIFICATE OF SERVICE I hereby certify 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 this, the 6th day of November, 2007. Any other counsel of record will be served by first-class mail.

/s/ Derrick W. Toddy_____

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