Re: ??? on settlement mediation...
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Message: Re: ??? on settlement mediation...
As posted by Silver Surfer, pre-trial scheduling.
Coyote
EVENT DATE TIME 1. e.Digital files its Opposition to digEcor’s Motion to Strike
1
11/17/08
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All other briefing on any motions now pending will follow the normal briefing schedule as required under the rules.
SLC_283299
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2. Parties Exchange Rebuttals to Damages Expert Reports of Derk Rasmussen (digEcor) and Scott Hampton (e.Digital)
11/26/08
3. digEcor shall file its reply memoranda in support of motions to strike
12/08/08
4. Settlement Conference
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To be held as soon as possible
5. e.Digital serves Rule 26(a)(2) Disclosure of Expert on Technical Issues, including Affirmative and Rebuttal Report
12/22/08
6. e.Digital Technical Expert Produces Work Papers
12/23/08
7. e.Digital to complete Rule 56(f) discovery
1/5/09
8. e.Digital to file and serve a Supplemental Opposition to digEcor’s Third Motion for Partial Summary Judgment addressing discovery obtained pursuant to e.Digital’s Rule 56(f) Motion for Continuance Re: Its Claims for Misappropriation, Tortious Interference, and Defamation
1/9/09
9. digEcor may file a Reply to e.Digital’s Supplemental Opposition, but it must be filed 2 days prior to the date set for the hearing
1/14/09
10. The parties will serve any Rule 56(c) affidavits
1/15/09
11. Hearings on: (1) digEcor’s Third Motion for Partial Summary Judgment (dkt 217); (2) e.Digital’s Motion for Partial Summary Judgment (dkt 214); and (3) digEcor’s three motions to strike (dkt 236, 257, & 272)
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The parties have agreed to participate in a mediation conducted by Magistrate Judge David Nuffer at the earliest date available to Judge Nuffer and the parties. A stipulated motion to that effect will follow shortly. Plaintiff will participate by appearance of Brad Heckel and Brent Wood at the mediation. Defendants will participate by appearance of Fred Falk, Robert Putnam and William Blakeley at the mediation. These persons will have full settlement authority and will be authorized to make decisions regarding settlement. Assuming that the concurrent motion is granted, the parties will contact Judge Nuffer to arrange a mutually agreeable time.
SLC_283299
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12. Court Issues Ruling on Summary Judgment Motions
[Note: The following deadlines assume that the Court will issue its Ruling on or before January 23, 2009. If the Court has not ruled on the pending Cross-Motions for Summary Judgment by this date, all remaining dates shall be adjusted to maintain the same intervals of days reflected in this schedule.]
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13. The parties will serve their Rule 26(e)(2) expert supplementations
1/30/09
14. digEcor files and serves revised Rule 26(a)(3) pre-trial disclosures, if necessary
1/30/09
15. e.Digital files and serves Rule 26(a)(3) pre-trial disclosures and objections to digEcor’s disclosures
2/12/09
16. digEcor files and serves objections to e.Digital’s Rule 26(a)(3) pre-trial disclosures
2/26/09
17. digEcor to provide Rebuttal Expert Report to e.Digital’s Expert Report on Technical Issues
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15 days before trial
18. Parties file and serve all Daubert Motions and Motions in Limine
2/20/09
19. digEcor serves Proposed Pre-Trial Order
2/27/09
20. Special Attorney Conference
4
3/3/09
21. Final Pre-Trial Conference
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22. Trial
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However, in the event that trial is scheduled to begin after April 30, digEcor’s Rebuttal Expert Report to e.Digital’s Expert Report on Technical Issues shall be due on April 1, 2009.
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The Special Attorneys Conference does not involve the Court. Counsel will agree on a pre-trial order and discuss the presentation of the case. Witnesses will be scheduled to avoid gaps and disruptions. Exhibits will be marked in a way that does not result in duplication of documents. Any special equipment or courtroom arrangement requirements will be included in the pre-trial order.
SLC_283299
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