Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 A Scheduling Conference having been held before this Court on 17 January 23, 2006, 18 IT IS ORDERED that: 19 (1) Claim Construction proceedings shall be conducted pursuant 20 to the following schedule: 21 a. 22 the Court; 23 b. April 15, 2006: Exchange of proposed constructions, expert 24 reports and extrinsic evidence; 25 c. 26 statement; 27 d. 28 Case 2:04-cv-00544-PGR Document 41 Filed 01/24/2006 Page 1 of 5 May 19, 2006: Exchange and file construction briefs; April 28, 2006: Joint claim construction and prehearing February 6, 2006: Exchange of claim terms to be construed by ) ) Plaintiffs, ) ) vs. ) ) Phelps Dodge Corporation, ) et al. ) ) Defendants. ) ______________________________) Richard G. Krauth, et al. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

CV 04-0544-PHX-PGR SCHEDULING ORDER

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e. f.

June 2, 2006: Exchange and file response briefs; and June 12, 2006: Hearing on claim construction (Markman Hearing)

will be held in Courtroom 601 at 2:30 before the Honorable Paul G. Rosenblatt. (2) The issue of whether the parties issue") have will reached be an

enforceable

settlement

("settlement

resolved

according to the following schedule: a. b. c. d. March 31, 2006: Completion of fact discovery; May 1, 2006: Filing of dispositive motions; June 26, 2006: Joint Pretrial Statement; and July 10, 2006: Pretrial Conference scheduled for 3:30 p.m. in

Courtroom 601 before the Honorable Paul G. Rosenblatt. The following deadlines apply to the remainder of the case, excluding claim construction and the settlement issue: (3) Motions pursuant to Fed.R.Civ.P. 12(b), motions to amend

pleadings, and motions to join additional parties shall be filed no later than January 23, 2006.1 (4) Parties shall exchange their respective initial

disclosures pursuant to Fed.R.Civ.P. 26(a)(1), and file with the Court a notice of such exchange, no later than February 6, 2006. The plaintiff shall disclose its expert witnesses, if any, and their reports in compliance with Fed.R.Civ.P. 26(a)(2)(B) no later than January 8, 2007. witnesses, if any, The defendant shall disclose its expert and their reports in compliance with

In order to conserve scarce judicial resources, the parties are directed to promptly inform the Court if they are involved in negotiations which they reasonably believe may make the resolution of any pending motion unnecessary. Counsel are advised that the Chambers' e-mail box, established pursuant to the Court's CM/ECF rules, is to be used solely for the purpose of sending proposed orders to the Court, and is NOT to be used as a means of communicating with Chambers' staff.

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Fed.R.Civ.P. 26(a)(2)(B) no later than January 8, 2007. witness depositions shall be completed by June 1, 2007. (4)

Expert

All discovery, including answers to interrogatories,

shall be completed by June 1, 2007, and supplemental disclosures and discovery responses shall thereafter be made as required by Fed.R.Civ.P. 26(e). Discovery which cannot be timely responded to

prior to the discovery deadline will be met with disfavor, and could result in denial of an extension, exclusion of evidence, or the imposition of other sanctions. Parties are directed to

LRCiv 7.2(j), which prohibits filing discovery motions unless the parties have first met to resolve any discovery difficulties. If

parties cannot reach a resolution of discovery disputes arising during depositions, they are directed to arrange a conference call with the Court to resolve the disputes. (5) (6) All dispositive motions shall be filed by July 2, 2007. A joint letter to the Court, sent directly to Chambers

and not filed with the Clerk of the Court, concerning the status of settlement discussions (containing no specific settlement terms or offers) shall be submitted at the time the Joint Pretrial Statement is filed. (7) A Joint Pretrial Statement shall be filed by October 1, 2007. If dispositive motions are filed, then this Joint Pretrial

Statement shall be due either on the above date or 30 days following the resolution of the motions, whichever is later. The

content of the Joint Pretrial Statement shall include, but not be limited to, that prescribed in a standard form of Joint Pretrial Statement provided to the parties. The parties shall augment the

Joint Pretrial Statement as necessary so it contains all of the Case 2:04-cv-00544-PGR 3 Document 41 Filed 01/24/2006 Page 3 of 5

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pretrial 26(a)(3). timely

disclosures

as

defined

and

required

by

Fed.R.Civ.P.

It shall be the responsibility of the plaintiff to the process of drafting the Joint Pretrial

initiate

Statement and the plaintiff shall submit its draft of the Joint Pretrial Statement to the defendant no later than ten business days prior to the date for filing the Joint Pretrial Statement. (8) Motions in limine shall be filed no later than the date

of filing of the Joint Pretrial Statement. Responses to motions in limine are due ten business days after service. permitted. No replies are

The hearing on the motions in limine, if one is

permitted by the Court, will take place at the time of the Pretrial Conference. of moving No motion in limine shall be filed unless a statement counsel is attached thereto certifying that after

personal consultation and sincere efforts to do so, counsel have been unable to satisfactorily resolve the matter. (9) The attorneys for each party who will be responsible for

trial of the lawsuit, or the parties if pro per, shall appear and participate in a Pretrial Conference on Monday, October 15, 2007, at 3:30 p.m. Because Pretrial Conferences are held for the

parties' benefit, and further because the parties' presence will facilitate frank discussion of the pertinent issues in the lawsuit, each party or a representative with binding settlement authority shall attend the Pretrial Conference. If dispositive motions are

filed, the Court will continue the date of the Pretrial Conference, if one is still necessary, until after the resolution of such motions and the filing of a Joint Pretrial Statement. (10) Selection of a trial date, and directions for filing trial briefs, proposed findings of fact and conclusions of law or Case 2:04-cv-00544-PGR 4 Document 41 Filed 01/24/2006 Page 4 of 5

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proposed jury instructions and voir dire questions, and for marking trial exhibits shall be set forth in an order entered following the completion of the Pretrial Conference. (11) The parties are cautioned that the deadlines set in this Scheduling Order shall be enforced, and that the Court will not entertain any stipulations to continue them - any request to extend any of the deadlines set herein must be made by means of a motion, joint or otherwise, and no such motion shall be granted unless very good cause is shown. Dated this 24th day of January, 2006.

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