Rosetta Stone LTD v. Google Inc.

Filing 25

Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: a. The Proposed Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court ---- (see order for details). Signed by Magistrate Judge Theresa Carroll Buchanan on 10/20/09. (klau, )

Rosetta Stone LTD v. Google Inc.

Doc. 25

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division ROSETTA STONE, LTD, Plaintiff, v. GOOGLE INC., Defendant. ) ) ) ) ) ) ) ) )

Civil Action No. 1:09CV736

SCHEDULING ORDER 1. Upon consideration of the representations made by the

parties in submissions presented, the Court makes the following rulings: a. The Proposed Joint Discovery Plan filed by the parties

is approved and shall control discovery to the extent of its application unless further modified by the Court. 2. Any motion to amend the pleadings or to join a party

shall be made as soon as possible after counsel becomes aware of the grounds for the motion. 3. Expert discovery shall be governed by the schedule set

forth in the Proposed Discovery Plan, and Local Civil Rule 26(D). 4. All motions, except for summary judgment, shall be

noticed for hearing on the earliest possible Friday before the final pretrial conference. Ten working days' notice is required

for motions to dismiss, for summary judgment, for patent claim construction, and for judgment on the pleadings. Non-dispositive

motions must be filed and delivered to opposing counsel by 5:00

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p.m. the Friday before the Friday for which noticed. Oppositions are due by 5:00 p.m. the Wednesday before the hearing. All motions must contain a statement that a good-faith effort to narrow areas of disagreement has been made in accordance with Local Civil Rule 7(E) and Local Civil Rule 37(E) for discovery motions. A paper copy of any non-dispositive motion and all papers relating to the motion shall be delivered directly to the chambers of the undersigned magistrate judge upon filing. ECF Policies and Procedures, Alexandria Courtesy Copy Information. 5. To the extent either party intends to assert a claim of See

privilege or protection as trial preparation material, any such claim must be made in a timely manner and in accordance with Fed. R. Civ. P. 26(b)(5). 6. Sealing of Documents. and discouraged. Filings under seal are disfavored

See Virginia Department of State Police v. The

Washington Post, et al, 386 F.3d 567, 575-76 (4th Cir. 2004). Any motion to file documents under seal, including a motion for entry of a protective order containing provisions for filing documents under seal, must comply with Local Civil Rule 5 and must be docketed for a hearing or made in open court. The motion

must state sufficient facts supporting the action sought and each proposed order must include specific findings. See Virginia

Department of State Police, supra, and Local Civil Rule 5. 7. Without leave of court, all Fed. R. Civ. P. 12 issues

shall be raised in one pleading.

Similarly, unless Court

permission is obtained in advance, all summary judgment issues must be presented in the same pleading. 8. All motions must adhere to the page limits set in Local No pleading shall be in type less than ten (10)

Rule 7(F) (3).

pitch or twelve (12) point. 9. Disclosures under Fed. R. Civ. P. 26(a)(1) and (2), depositions, interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the court, or for use in a motion or at trial 10. In the event this case is tried before a jury, each party shall file their proposed jury instructions and voir dire five (5) business days prior to trial in accordance with Local Civil Rule 51. Violation of this Rule will constitute a waiver In the event the case

of objections to any instructions given.

is tried without a jury, counsel shall file written proposed findings of fact and conclusions of law prior to the beginning of trial. It is so ORDERED.

/s/ Theresa Carroll Buchanan United States Magistrate Judge Date: October 20, 2009 Alexandria, Virginia