Free Proposed Order - District Court of Delaware - Delaware

Case 1 :05-cv-00886-JJF Document 23 Filed O9/20/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BSQUARE CORPORATION, §
Plaintiff, g
v. g C.A. N0. 05-886-JJF
DATA EVOLUTION CORPORATION, g
Defendant. g
STIPULATED AMENDED SCHEDULING ORDER
WHEREAS, the parties only recently finalized electronic discovery protocols under the
District of Delaware Default Electronic Discovery Standards. The parties were surprised by the
amount of potentially responsive data then generated under the agreed protocol. The parties
estimate that between 200,000—300,000 pages of potentially responsive materials will need to be
reviewed and that this review cannot be completed in time for discovery to proceed to conclusion
prior to the anticipated cutoff even with accelerated and otherwise unnecessarily expensive
efforts by both parties;
WHEREAS, in early September, Plaintiff s counsel withdrew and was replaced by
Young Conaway Stargatt & Taylor, LLP located in Wilmington, Delaware, and Summit Law
Group, PLLC, located in Seattle, Washington where Plaintiff is based;
WHEREAS, replacement counsel require time to interview witnesses, review background
materials, investigate issues and otherwise become informed and up to date on this litigation
and replacement counsel have significant trial conflicts within the currently scheduled trial
period;
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Case 1:05-cv-00886-JJF Document 23 Filed O9/20/2006 Page 2 of 3
NOW THEREFORE, IT IS HEREBY STIPULATED, by and between counsel for the
parties and subject to the approval of the Court, that the Order dated March 2, 2006 setting a
pretrial conference for February 8, 2007 (D.I. 10) be hereby vacated and the February 28, 2006
Rule 16 Scheduling Order (D.l. 8) be amended as follows:
4. Discovery.
(a) Exchange and completion of interrogatories, identification of all fact witnesses and
document production shall be commenced so as to be completed by November 15, 2006.
(e) Reports from retained experts under Rule 26(a)(2) shall be due from each party by
January 15, 2007 and rebuttal expert reports shall be due by January 30, 2007.
6. Amendment of Pleadings. All motions to amend the pleadings shall be filed on
or before March 1, 2007.
7. 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
April 1, 2007, answering papers on May 1, 2007, and reply papers on May 15, 2007. No case
dispositive motion may be filed more than ten (l0) days from the above date without leave of
court.
9. Pretrial Conference and Trial. After reviewing the parties’ Proposed
Stipulated Amended Scheduling Order, the Court will schedule a Pretrial Conference. The Court
will determine whether the trial date should be scheduled when the Scheduling Order is entered
or at the Pretrial Conference. If the scheduling of the trial date is deferred until the Pretrial
Conference, the parties and counsel shall anticipate and prepare for a trial to be held with sixty
(60) to ninety (90) days of the Pretrial Conference.
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Case 1:05-cv-00886-JJF Document 23 Filed O9/20/2006 Page 3 of 3
Except as specifically revised hereby, the Rule 16 Scheduling Order dated February 28,
2006 shall remain in hill force and effect.
DATED: September 15, 2006.
YOUNG CONAWAY STARGATT & PRICKETT, JONES & ELLIOTT, P.A.
TAYLOR, LLP
By: /s/ Martin S. Lessner By: /s/ Bruce E. Jameson
Martin S. Lessner (#3109) Michael Hanrahan (#941)
Richard H. Morse (#531) Bruce E. Jameson (#2931)
The Brandywine Building J. Clayton Athey (#4378)
1000 West Street, 17th Floor 1310 King Street
Wilmington, DE 19801 P.O. Box 1328
(302) 571-6600 Wilmington, DE 19899
mZessner@ycst. com (302) 888-6500
[email protected] [email protected]
bej [email protected]
And by: [email protected]
Philip S. McCune (WSBA #21081)
SUMMIT LAW GROUP PLLC
315 Fifth Avenue South, Suite 1000
Seattle, Washington 98104-2682
(206) 676-7000
[email protected]
Attorneys for Plaintiff BSquare Corporation Attorneys for Defendant Data Evolution Corporation
ORDER
IT IS SO ORDERED.
DATED this day of , 2006.
THE HONORABLE JOSEPH J . FARNAN, JR.
UNITED STATES DISTRICT COURT JUDGE
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