Free Stipulation - District Court of Delaware - Delaware

Case 1 :04-cv-00134-KAJ Document 25 Filed 03/30/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
EOR THE DISTRICT OF DELAWARE
INGENIO, FILIALE DE LOTO- )
QUEBEC, INC., )
)
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Plaintiff, ) Civil Action No. 04—l34 (KAJ)
)
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v. )
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GTECH CORPORATION, )
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I
Defendant. )
STIPULATION AND |PROPOSED| AMENDED SCHEDULING ORDER
IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the
Court:
I. The C0u1t’s September 3, 2004 Scheduling Order (D.I. 16) is amended as
follows:
a. Paragraph 3.c. Discovery Cutoff: All Discovery in this case shall
be initiated so that it will be completed by December 31, 2005. The remainder of this
paragraph remains unmodified.
b. Paragraph 7. Interim Status Report: On July 20, 2005, counsel
shall submit a letter to the Court with an interim report on the nature of the matters in
issue and the progress of discovery to date.
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c. Paragraph 8. Status Conference: On [July ___, 2005], the Court will
hold a Rule l6(a), (b) and (c) conference by telephone with counsel beginning at
a.m./p.m.. Plairrtiffs counsel shall initiate the telephone call. lf all parties
agree that there is nothing to report, nor anything to add to the interim status report or to
this order, they may so notify the Court in writing before the conference is scheduled to
occur, and the conference will be taken off of the Court°s calendar.
d. Paragraph 9. Tutorial Describing the Technology and Matters in
TEE: The parties shall provide the Court by approximately October 1, 2005 depending
on the Court’s schedule, a tutorial on the technology at issue. The remainder of this
paragraph remains unmodified.
e. Paragraph l0. Case Dispositive Motions: All case dispositive
motions, an opening brief and affidavits, if any, in support ofthe motion shall be served
and filed on or before January 31, 2006. Briefing will be presented pursuant to the
Court’s Local Rules, unless otherwise agreed by the parties.
f. Paragraph 11. Claim Construction Issue Identification: lf the
Court does not find that a limited earlier claim construction would be helpful in resolving
the case, on September 30, 2005, the parties shall exchange a list of those claim
term(s)/phrase(s) that they believe need construction and their proposed claim
construction of those tenn(s)/phrase(s). The remainder of this paragraph remains
unmodified.
g. Paragraph l2. Claim Construction: Issues of claim construction
shall be submitted to the Court no later than January 31, 2006 to be considered by the
Court in conjunction with the parties’ summary judgment motions.
h. Paragraph 13. Hearing on Claim Construction: Beginning at
a.rn./p.m. on [March __, 2006], the Court will hear evidence and argument on
claim construction and summary judgment.
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Case 1:04-cv—00134—KAJ Document 25 Filed 03/30/2005 Page 3 of 4
i. Paragraph 15. Pretrial Conference: On [June M, 2006], the Court
will hold a Final PreTria1 Conference in Chambers with counsel beginning at
a.m./p.m. Unless otherwise ordered by the Court, the parties should
assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal
Rule of Civil Procedure 26(a)(3). The parties shall file with the court the joint proposed
final pretrial order with the information required by the form of Final Pretrial Order
which accompanies this Scheduling order on or before approximately May 2, 2006
depending on the Court’s schedule.
j. Paragraph 18. Trial: This matter is scheduled for a 10 day jury
trial beginning at a.m./p.m. on [June _, 2006]. The remainder of this
paragraph remains unmodified.
2. All other provisions of the Court’s September 3, 2004 Scheduling Order
(D.l. 16) remain in effect.
Stipulated and Agreed to by:
THE BAYARD FIRM YOUNG CONAWAY STARGATT &
TAYLOR, LLP
/s/ Thomas H. Kovach
Thomas Henry Kovach (#2257) J y W. gersol 1088)
Edmond D. Johnson (#3 964) The Bra dywine Building
222 Delaware Avenue, Suite 900 1000 West Street, 17th Floor
P.O. Box 25130 P.O. Box 391
Wilmington, Delaware 19899 Wilmington, Delaware 19899-0391
Telephone: 302-429-4226 Telephone: 302-571-66OO
Facsimile: 302-65 8-6395 Facsimile: 302-571-1253
[email protected] [email protected]
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Case 1:04-cv—00134—KAJ Document 25 Filed 03/30/2005 Page 4 of 4
OF COUNSEL: OF COUNSEL:
Rodger L. Tate Thomas J. Meloro
Brian Buroker Larissa A. Soccoli
Hunton & Williams LLP Andrew L. Reibrnan
1900 K. Street, N.W. KENYON & KENYON
Washington, D.C. 20006-1107 One Broadway
Telephone: 202-95 5-1500 New York, New York 10004
Facsimile: 202-778-2201 Telephone: (212) 425-7200
Facsimile: (212) 425-5288
SO ORDERED this th day of , 2005
United States District Court Judge
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