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 [phone].
The foregoing Minute Order was authorized by THE HONORABLE BENJAMIN H. SETTLE,
UNITED STATES DISTRICT JUDGE.
/s/ Gretchen Craft
Gretchen Craft, Courtroom Deputy