Progressive International Corporation v. Big Lots Stores, Inc.

Filing 20

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)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PROGRESSIVE INTERNATIONAL
CORPORATION,

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Plaintiff,
v.

C17-1046-TSZ
MINUTE ORDER

BIG LOTS, INC.,

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Defendant.

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13 JURY TRIAL DATE (5 days)

February 11, 2019

14 Statement of asserted claims and preliminary infringement
contentions due

December 13, 2017

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Deadline for joining additional parties

December 29, 2017

16 Statement of preliminary non-infringement and invalidity
contentions due
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Parties to exchange preliminary proposed constructions of
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disputed claim terms and provide list of proposed extrinsic
evidence
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Joint Claim Chart and Prehearing Statement due
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Parties to disclose reports from expert witnesses, if any,
regarding Markman issues
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January 8, 2018

Parties to disclose rebuttal expert reports, if any, regarding
Markman issues

March 27, 2018

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MINUTE ORDER - 1

January 29, 2018

March 13, 2018
March 13, 2018

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Deadline for completion of claim construction discovery and for
amending pleadings
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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)
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April 19, 2018

Responsive claim construction briefs (24 pages per side) filed by

May 3, 2018

Markman hearing

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June 5, 2018

at 9:00 a.m. on

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Reports from expert witnesses under FRCP 26(a)(2) due

August 3, 2018

Rebuttal expert reports due

September 4, 2018

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All discovery motions must be filed by
(and noted on the motion calendar no later than the third
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Friday thereafter)

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
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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
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Pretrial Conference)

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

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Pretrial Conference

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

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MINUTE ORDER - 2

1 good cause shown: failure to complete discovery within the time allowed is not
2 recognized as good cause.
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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.
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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.
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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.
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Exhibits
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
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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.
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Settlement
Should this case settle, counsel shall notify Karen Dews at 206-370-8830 as soon

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The Clerk is directed to send a copy of this Minute Order to all counsel of record.

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Dated this 28th day of November, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 4