`
`Case 1:16-cv-00453-RGA Document 630 Filed 11/28/18 Page 1 of 3 PageID #: 49987
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`V.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`)
`)
`)
`)
`) C.A. No. 16-453 (RGA)
`)
`)
`)
`)
`
`STIPULATION AND JOINT STATEMENT REGARDING CASE SCHEDULE
`
`WHEREAS, the Court ordered the parties to submit a schedule for supplementation of
`
`the damages case in C.A. No. 16-453 (RGA) (the "Activision Action") (D.I. 619);
`
`WHEREAS, Acceleration Bay intends to provide an expert report from Russell Parr to
`
`supplement Acceleration Bay's damages claim;
`
`WHEREAS, Mr. Parr was first identified by Acceleration Bay on November 7, 2018;
`
`WHEREAS, Activision objects to Acceleration Bay serving a report from Mr. Parr on the
`
`basis that he was not disclosed during discovery;
`
`WHEREAS, Acceleration Bay agrees that it will only serve one supplemental report;
`
`WHEREAS, subject to Activision's objection to Acceleration Bay serving a report from
`
`Mr. Parr, Activision agrees to waive its objection to Mr. Parr receiving Activision's highly
`
`confidential information under the protective order;
`
`WHEREAS, Activision reserves the right to challenge Acceleration Bay's supplemental
`
`report and proffer of proof on damages and Acceleration Bay reserves the right to challenge the
`
`expert reports Activision submits in response to Acceleration Bay's supplemental reports
`
`regarding damages;
`
`
`
`I,,
`
`Case 1:16-cv-00453-RGA Document 630 Filed 11/28/18 Page 2 of 3 PageID #: 49988
`
`WHEREAS, the parties conferred regarding scheduling in the Activision act1on and
`
`failed to reach agreement on the following issues:
`
`1. The schedule; and
`
`2. Whether Acceleration Bay may offer a damages report from a new damages expert.
`
`WHEREAS, the Parties have set forth their proposed schedules below:
`
`Event
`
`Acceleration Bay serves
`supplemental damages
`expert report
`
`Activision serves
`supplemental damages
`expert reports
`
`Conclusion of depositions
`on supplemental expert
`reports
`
`Acceleration Bay's
`Proposal
`
`Activision's Proposal
`
`12/7/18
`
`12/7/18
`
`1/18/19
`
`1/25/19
`
`2/1/19
`
`2/8/19
`
`Acceleration Bay files
`proffer on its damages case ·
`
`2/8/19
`
`2/15/19
`
`3/15/19
`
`4/5/19
`
`4/19/19
`
`File opening brief(s) on
`challenge to proffer of
`proof and supplemental
`damages report( s)
`
`File responsive brief(s)
`
`File reply brief(s)
`
`Hearing date
`
`2/22/19
`
`3/15/19
`
`3/25/19
`
`To be set by the Court
`
`To be set by the Court
`
`The Parties will submit letter briefs of no more than three pages setting forth their
`
`positions on these two issues on November 20, 2018.
`
`2
`
`
`
`' \,
`
`Case 1:16-cv-00453-RGA Document 630 Filed 11/28/18 Page 3 of 3 PageID #: 49989
`
`POTTER ANDERSON & CORROON LLP
`
`By: Isl Philip A. Rovner
`Philip A. Rovner (#3215)
`Jonathan A. Choa (#5319)
`Hercules Plaza
`P.O. Box 951
`Wilmington, DE 19899
`(302) 984-6000
`provner@potteranderson.com
`j choa@potteranderson.com
`
`MORRIS, NICHOLS, ARSHT &
`TUNNELLLLP
`
`By: Isl Jack B. Blumenfeld
`Jack B. Blumenfeld (#1014)
`Stephen J. Kraftschik (#5623)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(3 02) _ 65 8-9200
`jblumenfeld@rnnat.com
`skraftschik@mnat.com
`
`Attorneys for Plaintiff
`
`Attorneys for Defendant
`
`SO ORDERED this 2f__ day ofNovember, 2018,J..J
`
`- - - - - - - - - - - - - -~ -
`', 1/ The Court permits Acceleration Bay to submit a damages report from a new damages expert,
`but reserves the right to strike or limit it depending on its contents. The Court adopts
`Activision's proposed schedule.
`
`-- - - - - - - - - , - - - - - - - - - - -
`
`-
`
`-
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
