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Alpha Professional Tools v. Sure Guide

September 10, 2008

ALPHA PROFESSIONAL TOOLS, PLAINTIFF
v.
SURE GUIDE, ET AL. DEFENDANTS



The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

ORDER ON INFORMAL APPLICATION & SECOND AMENDED SCHEDULING ORDER IN AN ARBITRATION CASE

THIS MATTER having come before the Court for a telephone status conference on the record on September 10, 2008; and the parties advising the Court of the status of discovery; and for the reasons discussed during the telephone conference; and for good cause shown,

IT IS on this 10th day of September, 2008, ORDERED THAT:

1. A. The request to extend the expert discovery deadlines is granted as set forth herein;

B. The request to compel the production of the documents concerning the patent and other entities is denied. No later than deadline passed, a representative of the defendants shall provide a certification to the Court and plaintiff that sets forth: (1) who owns the patent; (2) who has authority to permit a person/entity to manufacture/sell/distribute the patented item; and

(3) the basis upon which defendant Sure Guide had the legal authority to enter agreements concerning the manufacture/sale/distribution of the patented item. Nothing herein prevents the plaintiff from asking defendant Hechtle at his deposition about his relationship with J&K Capital, LLC. or the contents of the certification;

IT IS FURTHER ORDERED THAT:

I. ARBITRATION

2. This matter is subject/referred to arbitration pursuant to Local R. Civ. P. 201.1. Counsel will receive further instructions and guidelines regarding arbitration directly from the Clerk of the Court. Arbitration shall commence no sooner than November 22, 2008.

II. COURT DATES

3. There shall be a telephone status conference before the Undersigned on TO BE SET IF REQUESTED. Plaintiff shall initiate the telephone call.

III. DISCOVERY AND MOTION PRACTICE

4. Fed. R. Civ. P. 26 disclosures are to be exchanged on or ...


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