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`Case 1:19-cv-00859-RTH Document 76 Filed 03/10/22 Page 1 of 2
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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
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`Plaintiffs,
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`C.A. No. 19-859-RTH
`
`v.
`
`THE UNITED STATES OF AMERICA,
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`Defendant.
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`PLAINTIFFS’ UNOPPOSED MOTION TO AMEND THE
`SCHEDULING ORDER
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`Plaintiffs e-Numerate Solutions, Inc., and e-Numerate, LLC (collectively “e-Numerate”
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`or “Plaintiffs”) hereby moves this Court to amend the current Scheduling Order (D.I. 75) in this
`
`matter in light of a medical condition incurred by a child of a member of Plaintiffs’ trial team
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`that required emergency medical attention. The parties met and conferred, and the Government
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`does not oppose this motion. In support thereof, Plaintiffs aver as follows.
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`WHEREAS a child of a member of Plaintiffs’ trial team suffered a medical condition on
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`March 9, 2022 that required a trip to the emergency room;
`
`WHEREAS the member of Plaintiffs’ trial team was delayed in finalizing the claim
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`construction briefs presently due on March 11, 2022;
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`WHEREAS Plaintiffs will suffer prejudice based on the Plaintiffs’ trial counsel’s
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`inability to work on the briefs;
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`WHEREFORE, Plaintiffs respectfully move this Court to amend the Scheduling Order as
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`follows, which the Government does not oppose:
`1
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`Case 1:19-cv-00859-RTH Document 76 Filed 03/10/22 Page 2 of 2
`
` Event
`Plaintiffs file their opening claim
`construction briefs and any
`expert declaration they may rely
`upon
`The government files its
`responsive claim construction
`briefs
`Plaintiffs file their reply claim
`construction briefs
`The government files its surreply
`claim construction briefs
`Plaintiffs file their surreply claim
`construction brief regarding
`indefiniteness terms
`The parties submit the joint claim
`construction statement and
`propose dates for the Markman
`hearing
`If desired, parties may submit
`joint technical tutorial to the
`Court
`Markman hearing
`Deadline for the government to
`produce technical documents for
`additional agencies named in the
`second amended complaint
`
`Prior Deadline
`11 March 2022
`
`New Deadline
`14 March 2022
`
`25 April 2022
`
`29 April 2022
`
`9 May 2022
`
`23 May 2022
`
`6 June 2022
`
`13 May 2022
`
`27 May 2022
`
`10 June 2022
`
`13 June 2022
`
`17 June 2022
`
`20 June 2022
`
`24 June 2022
`
`To be scheduled
`5 July 2022
`
`To be scheduled
`8 July 2022
`
`Dated: March 10, 2022
`
`
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`
`
`Respectfully submitted,
`
`/s/ Sean T. O’Kelly
`Sean T. O’Kelly
`Gerard M. O’Rourke
`O’KELLY & O’ROURKE, LLC
`824 N. Market Street, Suite 1001A
`Wilmington, DE 19801
`302-778-4000
`sokelly@okorlaw.com
`gorourke@okorlaw.com
`
`Attorneys for Plaintiffs
`
`2
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