Interval Licensing LLC v. AOL, Inc. et al

Filing 149

ORDER MEMORIALIZING SCHEDULING CONFERENCE - The Court RESERVES RULING on the pending motions for severance. Joint Status Report due by 1/14/2011, by Judge Marsha J. Pechman. (MD)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 The Court held a status conference with the parties on December 13, 2010. This order v. AOL, INC., et al., Defendants. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE INTERVAL LICENSING LLC, Plaintiff, CASE NO. C10-1385 MJP ORDER MEMORIALIZING SCHEDULING CONFERENCE

17 memorializes the Court's rulings on certain matters during the conference. 18 19 20 21 22 23 24
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1. The parties are directed to file a new joint status report by no later than January 14, 2011. The parties are asked to give greater detail as to deadlines and the methods of sequencing discovery. The parties should also propose more specific dates for the case deadlines than were presented in the first joint status report. Defendants are asked to propose ways in which they can pursue common issues together in an effort to save resources and time. The parties are also invited to propose a schedule for status conferences that the Court

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will hold no less than every 90 days. These will be telephonic hearings unless otherwise specified by the Court. 2. Defendants are asked to meet and confer and select a whip. Defendants must identify the individual in the January 14, 2011 joint status report. This individual will be the spokesperson for Defendants for status conferences and other related hearings. If the parties cannot reach a decision, the Court will consider the issue if presented in the joint status report. 3. The Court RESERVES RULING on the pending motions for severance. (Dkt. Nos. 63, 81, 91.) The Court terminates the motions on the docket without prejudice or ruling. Defendants may refile the motions or file amended motions to sever after they have reviewed the amended complaint and infringement contentions and met and conferred. Defendants are urged to consider cost-effective and creative ways of prosecuting this action, as explained in the status conference. In particular, Defendants should consider which issues are common to all Defendants. The Court does not set a deadline for any future severance motions at this time. However, as part of the January 14, 2011 joint status report, the parties should propose dates by which motions to sever should be refiled or amended motions should be filed. The Court will then set a deadline. 4. For discovery disputes, the Court will entertain oral argument without briefing where all parties agree to have such a hearing. In such cases, the parties are requested to contact Judge Pechman's law clerk, Ian Mensher, to set up the hearing. With regard to other discovery disputes where this procedure is not used, the Court urges the parties to use the unified format of Local Rule CR 37. As with all disputes, the parties are urged to work out differences among themselves before bringing matters for decision before the Court.

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5. The Court reminds local counsel that they must instruct outside counsel as to the Court's local rules and practices. The clerk is ordered to provide copies of this order to all counsel. Dated this 14th day of December, 2010.

A
Marsha J. Pechman United States District Judge

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