Pedigo Products Inc. et al v. Kimberly-Clark Worldwide Inc.
Filing
34
MINUTE ORDER SETTING JURY TRIAL AND PRETRIAL DATES. As ordered by Judge Benjamin H. Settle. (MGC)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
PEDIGO PRODUCTS, INC., a Washington
corporation, and OR SPECIFIC, a Florida
corporation,
Case No. CV12-5502BHS
MINUTE ORDER SETTING JURY
TRIAL AND PRETRIAL DATES
Plaintiff,
v.
KIMBERLY-CLARK WORLDWIDE, INC., a
Delaware corporation,
Defendant.
Now, on this 16th day of January, 2013, the Court directs the Clerk to enter the following Minute
Order:
I.
TRIAL, PRETRIAL, AND MEDIATION DATES
5-Day Jury TRIAL set for
March 11, 2014
Claim Construction Hearing set for 1:30 PM on
August 26, 2013
Rule 120 Disclosure of Asserted Infringement Claims and Contentions
January 31, 2013
Deadline for FILING of any motion to join parties
February 14, 2013
Deadline for amending pleadings
February 23, 2013
Rule 121 Disclosure of Preliminary Non-Infringement and Invalidity
Contentions
March 2, 2013
Rule 130(a) Exchange of Proposed Terms for Construction
March 22, 2013
Rule 131(a) Preliminary Claim Construction
Rule 132(a) Joint Claim Construction Statement and 132(f) Expert
Disclosures
April 21, 2013
Rule 133 Completion of Claim Construction Discovery
July 15, 2013
Rule 134(a) Opening Claim Construction Brief Due (24-page limit)
July 28, 2013
Rule 134(c) Responsive Claim Construction Briefs Due (24-page limit)
August 12, 2013
Disclosure of expert testimony under Fed. R. Civ. P. 26(a)(2)
September 23, 2013
June 10, 2013
Disclosure of rebuttal expert testimony under Fed. R. Civ. P. 26(a)(2)
October 22, 2013
All motions related to discovery must be FILED by
October 29, 2013
Discovery COMPLETED by
November 21, 2013
All dispositive motions must be FILED by
December 11, 2013
Motions in limine should be FILED by
and NOTED on the motion calendar no later than the second Friday
thereafter.
February 11, 2014
Agreed pretrial order FILED with the Court by
February 27, 2014
Pretrial conference will be HELD at 11:00 AM in courtroom E
February 24, 2014
Trial briefs, proposed voir dire, and jury instructions due
February 20, 2014
II. JURY INSTRUCTIONS
A Manual of Model Civil Jury Instructions For the Ninth Circuit (latest edition) should be used
as the format for proposed jury instructions. See www.wawd.uscourts.gov and Local Rule CR 51.
III.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Proposed findings of fact and conclusions of law need not be submitted unless specifically
requested by the Judge.
IV. PRIVACY POLICY
Pursuant to the General Order of the Court regarding Public Access to Electronic Case Files
(filed 5/29/03), parties are to redact the following information from documents and exhibits before they
are filed with the court:
* Dates of Birth - redact to the year of birth
* Names of Minor Children - redact to the initials
* Social Security Numbers - redact to the last four digits
* Financial Accounting Information - redact to the last four digits
The General Order was issued pursuant to the official policy on privacy adopted by the
Judicial Conference of the United States and can be found on the court’s website at
http://www.wawd.uscourts.gov/docs. All documents filed in the above-captioned matter must comply
with the Privacy Policy and the General Order.
V.
COOPERATION
As required by CR 37(a), all discovery matters are to be resolved by agreement if possible.
Counsel are further directed to cooperate in preparing the Joint Claim Chart and final pretrial order in the
format required by CR 16.1, except as ordered below.
VII. MEDIATION
The Court finds this case is appropriate for mediation under Local Rule 39.1. The parties are
directed to conduct mediation upon completion of discovery as hereinafter provided.
IT IS ORDERED that the parties exchange written offers for settlement and that
counsel meet and discuss settlement within six months of this Order.
VIII. EXHIBITS
The original and one copy of any exhibits to be used at the Claim Construction Hearing and/or trial
are to be delivered to chambers five days before the trial date. Each exhibit shall be clearly marked.
Exhibit tags are available in the Clerk’s Office. Duplicate documents shall not be listed twice; once a party
has identified an exhibit in the pretrial order, any party may use it. Each set of exhibits shall be submitted
in a three-ring binder with appropriately numbered tabs.
IX.
SETTLEMENT
If this case is settled, please advise the Court immediately at (253) 882-3850.
The foregoing Minute Order was authorized by THE HONORABLE BENJAMIN H. SETTLE,
UNITED STATES DISTRICT JUDGE.
/s/ Gretchen Craft
Gretchen Craft, Courtroom Deputy
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