Free Scheduling Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

LEMELSON MEDICAL, EDUCATION & RESEARCH FOUNDATION, L.P.,

) ) ) Plaintiff, ) ) vs. ) ) IXYS CORPORATION and ) VIA TECHNOLOGIES, INC., ) ) Defendants. ) ___________________________________)

No. 2:00-cv-0660-HRH

SCHEDULING & PLANNING ORDER Based upon information available to the court through a status report completed by the parties,1 this order for the pretrial development of the case is entered pursuant to Rules 16(b) and 26(f), Federal Rules of Civil Procedure. This case is assigned to

the standard track for purposes of case management. L.R.Civ. 16.2. Parties & Pleadings No addition or deletion of parties is necessary at this time. No amendment to the pleadings is necessary at this time.
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Docket No. 631. - 1 -

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Motions

to

add

other

parties

and/or

to

amend

pleadings

subsequent to the date of this order shall be served and filed within 120 days from the docketing of this order. Thereafter,

parties may be added and/or pleadings amended only upon leave of court and for good cause shown. Alternative Dispute Resolution The parties have requested an early settlement conference, and arrangements for the same are in process. Discovery (1) Discovery shall be conducted in accordance with Rules 26 through 37, Federal Rules of Civil Procedure, and the discovery plan proposed by the parties: (a) (b) T Is approved as presented. Is approved except as otherwise set forth in this order. (c) The parties have not submitted a preliminary joint statement of issues. The parties shall

meet, prepare, and file a preliminary joint statement of issues by ___. (2) Counsel for each party shall contemporaneously prepare and maintain a written record of all disclosures and supplementation of disclosures or responses made to requests for discovery under Rule 26(a) and (e), Federal Rules of Civil Procedure. required in support of a motion or by order of the Unless court,

disclosures and supplemental disclosures need not be filed with the court. - 2 -

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(3)

Preliminary

disclosure

of

potential

witnesses

(a

preliminary witness list), records, and damages claimed is required as a part of the Rule 26(a)(1) disclosure. (4) Preliminary trial witness lists shall be filed not later than 60 days before the close of fact discovery and not later than 60 days before the close of expert discovery. These witness lists

must incorporate the names of all witnesses whom a party might elect to call at trial. A witness not disclosed at these times

(such that he or she may be deposed) will not be permitted to testify at trial. (5) All discovery, including that pertaining to experts, shall be scheduled so as to be completed: (a) as provided in the discovery plan. All

discovery is to be completed by ____________, 200__. (b) (c) The T T by October 1, 2008, as to fact discovery. by February 2, 2009, as to expert discovery. close date has application to all deposition

discovery

discovery, including those depositions sometimes referred to as "perpetuation" depositions. (6) If percipient witness or other fact discovery or expert discovery is not completed by the date(s) specified, counsel may stipulate to a single continuance of no more than two months for completion of the same, provided that any such stipulation shall state precisely what discovery remains and when it will be

accomplished.

A discovery conference must be requested if more - 3 -

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time is required to complete such discovery.

The court will not

routinely approve requests or stipulations for extensions of time for discovery. This provision does not apply to expert witness

discovery unless there is a single discovery closure date as to all discovery. (7) Limits on discovery: (a) T No limitations on discovery other than those suggested by the parties are imposed at this time. (b) Interrogatories (including subparts) to parties are limited to ___. (c) Depositions are limited to ____ per side and ___ hours per non-party witness. (8) The disclosures required by Rule 26(a)(3), Federal Rules of Civil Procedure, to the extent not covered by this order, will be addressed by the court in an Order for Pretrial Proceedings & Final Pretrial Conference which the court will issue concurrent with setting this case for trial. Motions Motions to Dismiss. Preliminary motion practice dealing with

such matters as jurisdiction, venue, arbitration, or statutes of limitation shall be filed within 60 days from the filing date of this order. Other preliminary motions, especially those raising

legal issues which have the potential for reducing necessary discovery, shall be served and filed at the earliest time possible

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commensurate with the development of discovery, if any, necessary to support such motions. Discovery Motions. Motions under the discovery rules shall be served and filed as soon as practicable after a discovery problem is identified and the required conference has been held.

Rule 37(a)(2)(B).2

All discovery motions shall be served and filed

no later than 30 days following the close of fact discovery and/or expert witness discovery. Motions in Limine & Dispositive Motions. Dispositive motions

and motions in limine shall be filed no later than 30 days following the date set for the closure of all discovery. Further Pretrial Proceedings Status, discovery, settlement, or other pretrial conferences will be scheduled at the request of a party or at the discretion of the court. Counsel are cautioned, however, that the court

hesitates to schedule settlement conferences, other than agreed private mediation, prior to the time when discovery has been substantially schedule completed, and the court when generally potentially declines to

settlement

conferences

dispositive

motions are pending or are contemplated by a party. When the time allowed for discovery and motion practice has passed, and all pending dispositive motions have been ruled upon,

The court does not require a preliminary telephonic conference with the court. The parties must comply (and so state in a discovery motion) with the Rule 37(a)(2) "meet-and-confer" requirement. - 5 -

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the court will call upon the parties to certify the case ready for trial. Trial It is estimated that this case will require eight days for trial by jury. DATED at Anchorage, Alaska, this 15th day of February, 2008.

/s/ H. Russel Holland United States District Judge

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