Tafas v. Dudas et al

Filing 16

THE PARTIES'JOINT STIPULATION AND CONSENT ORDER Regarding Briefing Schedule 1. Defendants shall file any motion to dismiss Plaintiff's Amended Complaint dated September 7, 2007 on or before Thursday, October 4, 2007 ---- 10. The Parties will notice the hearing on any summary judgment filed by Plaintiff and any cross-motion for summary judgment filed by Defendants for Friday, December 21, 2007 ---- (see order for details). Signed by Judge James C. Cacheris. Signed by Judge James C. Cacheris on 9/21/07. (klau, )

Tafas v. Dudas et al

Doc. 16

Case 1:07-cv-00846-JCC-TRJ

Document 16

Filed 09/21/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR

THE EASTERN DISTRICT OF VIRGINIA (Alexandria Division)

IL

TRIANTAFYLLOS TAFAS,
Plaintiff,
v.

SEP 2 I 2007 |jj
CLEI1K, llii. DIoTrIgT i'.OUHT
ALEXANDRIA, VIHG!s\!iA

CIVIL ACTION: l:07-CV-00846-JCC-TRJ

JON W. DUDAS, in his official capacity as Under-Secretary of Commerce for

Intellectual Property and Director of the
United States Patent and Trademark Office,
et at.,

Defendants.

THE PARTIES' JOINT STIPULATION AND CONSENT ORDER REGARDING BRIEFING SCHEDULE WHEREAS, counsel for Plaintiff Triantafyllos Tafas ("Plaintiff) and counsel for Defendant Jon W. Dudas ("Defendant") and Defendant United States Patent and Trademark

Office ("Defendants;" Plaintiffs and Defendants are collectively reference as the "Parties") have
conferred and agreed upon the briefing schedule concerning motions to dismiss and motions for summary judgment the Parties anticipate being filed in this action in order to expeditiously
progress the action and to obviate the need for a preliminary injunction motion; NOW THEREFORE, the Parties stipulate as follows, and respectfully request that the Court to enter the following stipulation as an Order in the above-captioned action:

1.

Defendants shall file any motion to dismiss Plaintiffs Amended

Complaint dated September 7, 2007 on or before Thursday, October 4, 2007.

CT01/NEALJ/245998.3

Dockets.Justia.com

Case 1:07-cv-00846-JCC-TRJ

Document 16

Filed 09/21/2007

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2.

Plaintiff will file his opposition to any motion to dismiss Defendants

might file on or before Thursday. October 18, 2007.

3.

Defendants will file their reply to any opposition by Plaintiff to

Defendants' motion to dismiss on or before Friday. October 26,2007. 4. Defendants will notice Friday, November 2, 2007 as the date on which

their motion to dismiss will be heard, or, if the Court is not available to hear the motion on that date, for the next date thereafter on which the Court is so available that is mutually agreeable to
counsel for both Plaintiff and Defendants.

5.

Defendants will use their best efforts to provide Plaintiff with the

complete administrative record for the rule making of the United States Patent and Trademark
Office at issue in this action on or before Friday. October 5, 2007.

6.

Subject to timely receipt from Defendants of the administrative record

(referenced above), and provided that Plaintiff does not challenge the contents of the
administrative record, Plaintiff will file any motion for summary judgment on or before
Thursday. October 25,2007.

7.

Defendants will submit any cross-motion for summary judgment, as well

as any opposition to the summary judgment motion Plaintiff might file, on or before Tuesday.
November 20, 2007.

8.

Plaintiff will file his reply in support of its motion for summary judgment,

as well as its opposition to any cross-motion for summary judgment that Defendants might file, on or before Thursday. December 6,2007.
9. Defendants will file their reply in support of their cross-motion for

summary judgment on or before Monday. December 17, 2007.

CI0I/NEAU/245998.3

Case 1:07-cv-00846-JCC-TRJ

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Filed 09/21/2007

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10.

The Parties will notice the hearing on any summary judgment filed by

Plaintiff and any cross-motion for summary judgment filed by Defendants for Friday. December 21, 2007, or, if the Court is not available to hear the motions on that date, for the next date thereafter on which the Court is so available that is mutually agreeable to both counsel for
Plaintiff and Defendants.

11.

The Parties will endeavor to negotiate a further agreed order concerning

expanding the page limitations for summary judgment briefs provided under Local Civil Rule

7(F)(3), and will, in due course, submit that agreed order for the Court's consideration.
Dated: September 18, 2007
THE DEFENDANTS JON W. DUDAS and THE UNITED STATES PATENT AND TRADEMARK
OFFICE

THE PLAINTIFF TRIANTAFYLLOS TAFAS

Lauren A. Wetzler

^

JosenH D. WilsoX(VSB # 43693)
Kelley Drye & Warren LLP Washington Harbour, Suite 400

Assistant United States Attorney Justin W. Williams United States Attorney's Building 2100 Jamieson Avenue

.#50 K Street, NW

/Washington, DC 20007 Telephone: [phone]

Alexandria, Virginia 22314
Telephone: [phone]

Facsimile:

[phone]

Facsimile:

[phone]

E-mail: [e-mail]

lauren.wetzlerfakisdoi.uov

Counsel for Defendant Jon Dudas and The

Counselfor Plaintiff Triantafyllos Tafas

United States Patent and Trademark Office

SO ORDERED this ^·t day of September, 2007:

United States District Judge

M James C.Cacheris United States District Judge
CT01/NEAU/245998.3