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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
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`v.
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`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 move this Court to amend the current Scheduling Order (D.I. 77) in this
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`matter in light of trial schedule deadlines affecting Plaintiffs’ counsels’ ability to adequately
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`review and respond to the Government’s responsive claim construction briefs. The parties met
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`and conferred, and the Government does not oppose this motion. In support thereof, Plaintiffs
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`aver as follows.
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`WHEREAS Plaintiffs’ trial counsel is working on several matters in other federal courts
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`with impending trial deadlines including deadlines for fact discovery, expert discovery, and
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`summary judgment filings;
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`WHEREAS an associate working on this matter has recently left Plaintiffs’ trial counsel’s
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`firm;
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`WHEREAS Plaintiffs will suffer prejudice based on the Plaintiffs’ trial counsel’s
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`inability to effectively work on the briefs prior to the current deadline in the Scheduling Order;
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`Case 1:19-cv-00859-RTH Document 84 Filed 05/12/22 Page 2 of 3
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`WHEREAS Plaintiffs have represented to Defendant that they do not intend to take the
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`deposition of Defendant’s expert, Dr. David Martin, with respect to his declarations of December
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`3, 2021 and February 11,2022 during the claim construction process and will not seek additional
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`extensions to pursue such a deposition;
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`WHEREAS the proposed schedule will provide Defendant sufficient time to prepare its
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`sur-replies in light of its own previous and con-current commitments in early June;
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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:
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` Evented
`Plaintiffs file their reply claim
`construction briefs
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`Prior Deadline
`13 May 2022
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`27 May 2022
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`10 June 2022
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`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
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`New Deadline
`27 May 2022
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`24 June 2022
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`8 July 2022
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`17 June 2022
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`15 July 2022
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`24 June 2022
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`22 July 2022
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`To be scheduled
`8 July 2022
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`To be scheduled
`29 July 2022
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`Case 1:19-cv-00859-RTH Document 84 Filed 05/12/22 Page 3 of 3
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`Dated: May 10, 2022
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`Respectfully submitted,
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`/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
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`Attorneys for Plaintiffs
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