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Cotapaxi Custom Design v. Fujisawa Healthcare

October 3, 2008

COTAPAXI CUSTOM DESIGN, PLAINTIFF,
v.
FUJISAWA HEALTHCARE, INC., DEFENDANT



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

PRETRIAL SCHEDULING ORDER

THIS MATTER having come before the Court for a scheduling conference pursuant to Rule 16 of the Federal Rules of Civil Procedure on October 3, 2008; and for good cause shown,

IT IS on this 3rd day of October, 2008,

ORDERED THAT:

(1) No later than October 15, 2008, defendant Saltzman shall provide a declaration concerning whether or not she sold the product at issue or has a relationship with any of the parties;

(2) If the plaintiff is satisfied with the declaration of defendant Saltzman, then no later than October 22, 2008, plaintiff shall submit an order dismissing the claims against defendant Saltzman without prejudice;

(3) No later than March 16, 2008, the defendants shall advise the plaintiff if they intend to rely on advice of counsel as defense to a claim if willful infringement;

(4) All discovery shall proceed except discovery on the issue of advice of counsel unless and until defendant's indicate they intend on relying same as a defense.

IT IS FURTHER ORDERED THAT:

I. COURT DATES

1. There shall be a telephone status conference before the Undersigned on February 10, 2009 at 3:00 p.m., April 29, 2009 at 3:00 p.m. and June 10, 3009 at 3:00 p.m. Plaintiff shall initiate the telephone calls.

2. Absent a request to adjourn because the parties are participating in private mediation, there will be a settlement conference before the Undersigned on December 2, 2008at 2:00 p.m..M. No later than November 22, 2008, each party should submit a confidential memorandum to the Court, not to exceed 5 pages, summarizing the relevant facts, the respective legal positions, status of the case, and the client's position on settlement. Trial Counsel and clients with full settlement authority must attend the conference. If the trial counsel and client with full settlement authority do not appear, the settlement conference may be cancelled or rescheduled and the noncompliant party and/or attorney may be sanctioned, which may include an assessment of the costs and expenses incurred by those parties who appeared as directed.

3. A final pretrial conference shall be conducted pursuant to Fed. R. Civ. P. 16(d) on December 15, 2009 at 10:00 a.m. The Final Pretrial Conference will occur even if there are dispositive motions pending. The Court will adjourn the Final Pretrial conference only if the requesting party makes a compelling showing that manifest injustice would otherwise result absent adjournment.

II. DISCOVERY AND MOTION PRACTICE

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


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