Progressive International Corporation v. Big Lots Stores, Inc.
MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES: Amended Pleadings due by 4/12/2018, Opening claim construction briefs due 4/19/2018, Responsive claim construction briefs due 5/3/2018, Discovery completed by 10/11/2018, Dispositive m otions due by 11/8/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 8/3/2018, Joinder of Parties due by 12/29/2017, Reports from expert witnesses regarding Markman issues due 3/13/2018, Rebuttal expert reports regardi ng Markman issues due 3/27/2018, Motions due by 9/13/2018, Motions in Limine due by 1/10/2019, Pretrial Order due by 1/25/2019, Rebuttal Expert Disclosure/Reports due by 9/4/2018, Trial briefs to be submitted by 1/25/2019, Proposed voir dire/jury instructions due by 1/25/2019, *Jury Trial* (5 days) is set for 2/11/2019 before Judge Thomas S. Zilly. Markman Hearing set for 6/5/2018 at 09:00 AM before Judge Thomas S. Zilly, Pretrial Conference set for 2/1/2019 at 10:00 AM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (SWT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
BIG LOTS, INC.,
13 JURY TRIAL DATE (5 days)
February 11, 2019
14 Statement of asserted claims and preliminary infringement
December 13, 2017
Deadline for joining additional parties
December 29, 2017
16 Statement of preliminary non-infringement and invalidity
Parties to exchange preliminary proposed constructions of
disputed claim terms and provide list of proposed extrinsic
Joint Claim Chart and Prehearing Statement due
Parties to disclose reports from expert witnesses, if any,
regarding Markman issues
January 8, 2018
Parties to disclose rebuttal expert reports, if any, regarding
March 27, 2018
MINUTE ORDER - 1
January 29, 2018
March 13, 2018
March 13, 2018
Deadline for completion of claim construction discovery and for
April 12, 2018
3 Opening claim construction briefs (24 pages per side) filed by
(and noted for the date that the responsive claim construction
briefs are due)
April 19, 2018
Responsive claim construction briefs (24 pages per side) filed by
May 3, 2018
June 5, 2018
at 9:00 a.m. on
Reports from expert witnesses under FRCP 26(a)(2) due
August 3, 2018
Rebuttal expert reports due
September 4, 2018
All discovery motions must be filed by
(and noted on the motion calendar no later than the third
September 13, 2018
10 Discovery completed by
October 11, 2018
11 All dispositive motions must be filed by
(and noted on the motion calendar no later than the fourth
Friday thereafter; see LCR 7(d))
November 8, 2018
13 All motions in limine must be filed by
(and noted on the motion calendar for the Friday before the
January 10, 2019
15 Agreed pretrial order due
January 25, 2019
16 Trial briefs, proposed voir dire questions, proposed jury
instructions, and trial exhibits due
January 25, 2019
at 10:00 a.m. on
February 1, 2019
These dates are set at the direction of the Court after reviewing the joint status
report and discovery plan submitted by the parties. All other dates are specified in the
Local Civil Rules. These are firm dates that can be changed only by order of the Court,
not by agreement of counsel or the parties. The Court will alter these dates only upon
MINUTE ORDER - 2
1 good cause shown: failure to complete discovery within the time allowed is not
2 recognized as good cause.
If the Markman hearing or trial dates assigned to this matter create an
4 irreconcilable conflict, counsel must notify Karen Dews at 206-370-8830, within 14 days
5 of the date of this Minute Order and explain the exact nature of the conflict. A failure to
6 do so will be deemed a waiver. Counsel must be prepared to begin trial on the date
7 scheduled, but it should be understood that the trial may have to await the completion of
8 other cases.
Claim Construction (Markman) Hearing
The claim construction hearing will be set for a half-day (2.5 hours). If more or
11 less time is required, the parties are instructed to inform Karen Dews at 206-370-8830.
PLEASE NOTE: The Court will not rule on dispositive motions that raise issues
13 of claim construction prior to the Markman Hearing, unless special circumstances
14 warrant and leave of Court is obtained in advance of filing.
The original and one copy of any exhibits to be used at the Markman Hearing
17 and/or trial are to be delivered to the Court at least five (5) days before the hearing and/or
18 trial date. Each exhibit shall be clearly marked. Exhibit tags are available in the Clerk’s
19 Office. Plaintiff’s exhibits shall be numbered consecutively beginning with 1.
20 Defendant’s exhibits shall be numbered consecutively beginning with the next multiple
21 of 100 after plaintiff’s last exhibit. For example, if plaintiff’s last exhibit is numbered
22 159, then defendant’s exhibits shall begin with the number 200. Duplicate documents
MINUTE ORDER - 3
1 shall not be listed twice: once a party has identified an exhibit in the pretrial order, any
2 party may use it. Each set of exhibits shall be submitted in a three-ring binder with
3 appropriately numbered tabs.
Should this case settle, counsel shall notify Karen Dews at 206-370-8830 as soon
6 as possible.
The Clerk is directed to send a copy of this Minute Order to all counsel of record.
Dated this 28th day of November, 2017.
William M. McCool
MINUTE ORDER - 4
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