Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

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

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

No. 2:00-cv-0660-HRH

O R D E R Compliance with Rules 16(b) and 26(f) This case appears to the court to be ready for the entry of a scheduling and planning order in accordance with Rules 16(b) and 26(f), Federal Rules of Civil Procedure. It is the courtUs

preliminary judgment that this case should be designated to the standard case management track. L.R. Civ. 16.2(b)(3).

Counsel for plaintiff shall initiate arrangements for the convening of a scheduling conference of all counsel within 14 days following the "filed" date on this order. Counsel for all parties

shall make themselves available by telephone or in person to participate in a conference within the specified time. Counsel for - 1 -

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plaintiff, with the verbal concurrence of all other counsel, may effect a 7-day postponement of the foregoing conference requirement by filing a notice to that effect with the court within the foregoing specified 14-day period. be effected. plaintiff Only one such postponement may

Unless the parties agree otherwise, counsel for prepare the joint report of the scheduling

shall

conference of counsel for signature by all counsel and filing with the court. The report shall be served and filed within 7 days of

the conference. Each of the following subjects shall be addressed at the scheduling conference of counsel. (1) Track Assignment. issues and requiring Cases presenting largely legal minimal discovery should be L.R.

considered for assignment to the expedited track. Civ. 16.2(b)(1). (2) Alternative Dispute Resolution. report on the following subjects: (a) (b)

The parties must

early neutral evaluation, L.R. Civ. 83.10; mediation (with or without court partici-

pation), L.R. Civ. 83.10; and (c) consent for reassignment to a United States magistrate judge, L.R. Civ. 73.1. (3) Statement of Issues. As an aid to formulating a

discovery plan, counsel shall prepare and set forth in the conference report a brief statement of issues raised by the complaint and answer(s). - 2 -

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(4) Discovery Plan.

In developing a discovery plan

for this case, counsel must have reference to both Rule 26(f), Federal Rules of Civil Procedure, and the official Form 35 which is published with that rule. The

parties' plan for discovery of electronically stored information, if any, shall be included. Counsel are

encouraged to suggest limitations upon discovery beyond those set by the Federal Rules of Civil Procedure. If there are substantial disagreements between the parties with respect to a discovery plan for this case, the parties may request a scheduling conference with the court to resolve these differences. However, it is the

courtUs experience that most disagreements of this nature are readily resolvable by the court based upon a brief representation in the conference report with respect to the positions of the parties.

Upon receipt of the conference report, the court will enter a Rule 16(b) scheduling order. The court reserves the prerogative of altering the provisions of the proposed discovery plan. That is,

the scheduling order may provide that the discovery plan proposed by the parties is approved "except as otherwise set forth in this order." The discovery plan and the scheduling order will, in

combination, govern discovery for the case unless otherwise ordered by the court.

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Unless the court is persuaded by the conference report to provide otherwise, the scheduling order will contain the following additional case development provisions: (1) Motions to Amend or Join Parties. Motions to

amend or join parties shall be served and filed within 120 days following the docketing of the scheduling order. (2) Disclosures. The conference report will address The courtUs scheduling order each party to maintain of a

the subject of disclosures. will require counsel for

contemporaneously disclosures and

prepared,

written of

record

all or

supplementation

disclosures

responses made to requests for discovery under Rule 26(a) and (e), Federal Rules of Civil Procedure. (3) Preliminary Witness List. Preliminary trial

witness lists shall be filed not later than 45 days before the close of fact discovery and not later than 45 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. (4) Perpetuation of Testimony. The discovery close

date established by the scheduling order (as well as any postponement deposition of that date) has application those to all

discovery,

including

depositions

sometimes referred to as "perpetuation" depositions. - 4 -

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(5) Stipulation for a Continuance.

The parties may,

by stipulation, agree to a single continuance of not more than two months in duration for purposes of completing discovery. Any such stipulation shall state what

discovery remains to be accomplished and the date or dates by which (within two months) it will be

accomplished. (6) Motions to Dismiss. Motions to dismiss based upon jurisdiction, venue, contractual arbitration provisions, or statute of limitations shall be served and filed within 60 days following the filing date of the

scheduling order. Other preliminary motions, especially those raising legal issues that have the potential for reducing necessary discovery, should be served and filed at the earliest time possible commensurate with the development of discovery, if any, necessary to support the motion. (7) 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). All

discovery motions shall be served and filed no later than 30 days following the close of fact discovery and/or expert witness discovery. (8) Motions in Limine and Dispositive Motions. Motions in limine and dispositive motions shall be filed - 5 -

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not later than 30 days after the date set for the close of all discovery. (9) Exceptions. The scheduling order will not include dates for filing a joint proposed pretrial order or other final pretrial proceedings. This case is excepted from

the provisions of L.R. Civ. 16.2(b)(3)(B)(ii) because the undersigned sits in the District of Arizona by

designation and is subject to different calendaring constraints than local judges. When the time fixed by

the scheduling order for the filing of discovery and dispositive motions has elapsed, any party may request the court to determine that the case is ready for trial and to fix a trial date. When all motion practice

provided for in the scheduling order has been decided, the court will, on its own initiative, call upon the parties to certify the case ready for trial and to provide the court with proposed trial dates. When the

court determines that the case is ready for trial, it will issue an order for further pretrial proceedings and set dates for a final pretrial conference and trial. (10) Estimate of Trial. The scheduling order will

include the courtUs preliminary estimate of the duration of a trial. Input from the parties on this subject

should be contained in their conference report.

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Attached hereto is a copy of the courtUs form scheduling and planning order which will be employed in preparing a scheduling order for this case. DATED at Anchorage, Alaska, this 17th day of January, 2008.

/s/ H. Russel Holland United States District Judge

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