Free Motion to Amend/Correct - District Court of Delaware - Delaware


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Case 1:06-cv-00032-JJF

Document 99

Filed 01/03/2007

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

) R.R. DONNELLEY & SONS COMPANY, ) ) Plaintiff, ) ) v. ) ) CREO, INC., EASTMAN KODAK ) COMPANY, AND KODAK GRAPHIC ) COMMUNICATIONS COMPANY, ) ) Defendants. ) )

C.A. No. 06-032-JJF

PLAINTIFF'S MOTION TO EXTEND SCHEDULING DEADLINES Plaintiff R.R. Donnelley & Sons Company ("RRD") hereby moves the Court to extend the remaining deadlines in this case by three months. A proposed Amended Scheduling Order is attached hereto as Exhibit A. As described more fully in the motions filed concurrently herewith (see, e.g., Plaintiff's Motion For Leave To Amend Its Complaint, Plaintiff's Motion To Preclude Defendants From Relying On Undisclosed Contentions, Plaintiff's Motion For Leave To File A Supplement To Its Motion To Compel Discovery), Defendants have refused to provide RRD with depositions, documents and responses to contention interrogatories to which RRD is entitled. It would be highly prejudicial to RRD if the current schedule is maintained in view of the significant discovery that has been denied to RRD. Although Defendants indicated a willingness to discuss extending other dates, Defendants refused to consent to an extension of the Markman (i.e., claim construction) related dates. Defendants' failure to provide noninfringement contentions, invalidity contentions, and

Case 1:06-cv-00032-JJF

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claim construction contentions has prejudiced RRD's ability to brief claim construction by the current February 16, 2007 deadline. As a result of Defendants' insufficient responses to RRD's contention interrogatories, RRD does not have any discovery describing Defendants' claim construction positions or the reasons for them. If the parties continue on the current schedule, the Court may receive claim construction briefs in which the issues are not joined, thereby creating great inefficiency for the Court. Once the pending discovery issues are resolved and Defendants have complied with their discovery obligations, claim construction briefing and the Markman hearing can occur efficiently. RRD has consulted with Defendants, and Defendants will not agree to extend all remaining dates by three months. Although Defendants have expressed some willingness to extend the current dates other than those relating to claim construction, the claim construction dates should be extended as well. RRD respectfully requests that the Court extend all remaining deadlines by three months and enter the attached proposed Amended Scheduling Order. MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Rodger D. Smith II _________________________________________ Jack B. Blumenfeld (#1014) Rodger D. Smith II (#3778) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 Attorneys for Plaintiff R.R. Donnelley & Sons Company

Case 1:06-cv-00032-JJF

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OF COUNSEL: Bradford J. Badke Stuart W. Yothers ROPES & GRAY LLP 1251 Avenue of the Americas New York, NY 10020 (212) 596-9000 Steven A. Kaufman ROPES & GRAY LLP One International Place Boston, MA 02110 (617) 951-7000 January 3, 2007
550377

Case 1:06-cv-00032-JJF

Document 99

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RULE 7.1.1 CERTIFICATE I hereby certify that counsel for plaintiff has discussed the subject of the foregoing motion with counsel for defendants, and the parties have not been able to reach agreement on the issues raised in the motion.

/s/ Rodger D. Smith II ____________________________________ Rodger D. Smith II

January 3, 2007

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on January 3, 2007, he caused the foregoing to be electronically filed with the Clerk of the Court using CM/ECF, which will send notification of such filing(s) to the following: Frederick L. Cottrell III Richards Layton & Finger I also certify that copies were caused to be served on January 3, 2007, upon the following in the manner indicated: BY EMAIL AND HAND Frederick L. Cottrell III Richards Layton & Finger One Rodney Square 920 N. King Street Wilmington, DE 19801

BY EMAIL AND FEDERAL EXPRESS Richard McMillan, Jr. Crowell & Moring LLP 1001 Pennsylvania Avenue, N.W. Washington, DC 20004-2595

/s/ Rodger D. Smith II (#3778) MORRIS, NICHOLS, ARSHT & TUNNELL LLP 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected]

Case 1:06-cv-00032-JJF

Document 99-2

Filed 01/03/2007

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EXHIBIT A

Case 1:06-cv-00032-JJF

Document 99-2

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

) R.R. DONNELLEY & SONS COMPANY, ) ) Plaintiff, ) ) v. ) ) QUARK, INC., CREO, INC., EASTMAN ) KODAK COMPANY, AND KODAK ) GRAPHIC COMMUNICATIONS ) COMPANY, ) ) Defendants. )

C.A. No. 06-032-JJF

AMENDED RULE 16 SCHEDULING ORDER The Court's May 8, 2006 Rule 16 Scheduling Order (D.I. 26) is hereby amended as follows: 3. Discovery. (f) June 1, 2007. (g) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) All fact discovery shall be commenced so as to be completed by

are due on issues on which a party bears the burden of proof by August 1, 2007. Rebuttal expert reports are due by August 31, 2007. (h) October 2, 2007. 6. Amendment of the Pleadings. All motions to amend the pleadings shall All expert discovery shall be commenced so as to be completed by

be filed on or before January 31, 2007.

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8.

Case Dispositive Motions. Any case dispositive motions, pursuant to the

Federal Rules of Civil Procedure, shall be served and filed with an opening brief on or before October 26, 2007. 9. Markman. A Markman Hearing will be held on July 2, 2007. Opening Responsive claim

claim construction briefs shall be filed and served on May 16, 2007.

construction briefs shall be filed and served on June 15, 2007. The Court, after reviewing the briefing, will allocate time to the parties for the hearing.

Date
550376

United States District Judge

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