Case 1:16-cv-02690-AT Document 56 Filed 03/04/16 Page 1 of 4
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
` Civil Action No. 6:15-cv-907
`
`
`
`
`SIPCO, LLC, and IP CO, LLC
`(d/b/a INTUS IQ),
`
`
`
` v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGEMENT LLLP, FISHER-
`ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP, p.l.c., BP
`AMERICA, INC., and BP AMERICA
`PRODUCTION COMPANY,
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`JOINT MOTION FOR AN EXTENSION OF TIME TO FILE PROPOSED DOCKET
`CONTROL ORDER AND PROPOSED DISCOVERY ORDER
`
`Plaintiffs SIPCO, LLC and IP Co, LLC (d/b/a INTUS IQ) (collectively “Plaintiffs” or
`
`“SIPCO”) and Defendants Emerson Electric Co., Emerson Process Management LLLP, Fisher-
`
`Rosemount Systems, Inc., Rosemount, Inc., BP America, Inc., and BP America Production
`
`Company (collectively “Defendants”)1 hereby jointly move for a one week extension of the
`
`deadline for filing the Proposed Docket Control Order and Proposed Discovery Order from
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`March 7, 2016 to March 14, 2016. As grounds for this joint motion, the parties state as follows:
`
`1.
`
`On February 22, 2016, the Honorable Rodney Gilstrap conducted a Scheduling
`
`Conference and issued a Sample Docket Control Order For Patent Cases Assigned To Judge
`
`Rodney Gilstrap (“Judge Gilstrap’s Sample Docket Control Order”). (Ex. A).
`
`
`1 Defendant BP, p.l.c. is a foreign entity. It has not been served with the First Amended Complaint. Plaintiffs’
`counsel is working with counsel for BP America, Inc. and BP America Production Company regarding the status of
`BP, p.l.c. in this case.
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
` Civil Action No. 6:15-cv-907
`
`
`
`
`SIPCO, LLC, and IP CO, LLC
`(d/b/a INTUS IQ),
`
`
`
` v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGEMENT LLLP, FISHER-
`ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP, p.l.c., BP
`AMERICA, INC., and BP AMERICA
`PRODUCTION COMPANY,
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`JOINT MOTION FOR AN EXTENSION OF TIME TO FILE PROPOSED DOCKET
`CONTROL ORDER AND PROPOSED DISCOVERY ORDER
`
`Plaintiffs SIPCO, LLC and IP Co, LLC (d/b/a INTUS IQ) (collectively “Plaintiffs” or
`
`“SIPCO”) and Defendants Emerson Electric Co., Emerson Process Management LLLP, Fisher-
`
`Rosemount Systems, Inc., Rosemount, Inc., BP America, Inc., and BP America Production
`
`Company (collectively “Defendants”)1 hereby jointly move for a one week extension of the
`
`deadline for filing the Proposed Docket Control Order and Proposed Discovery Order from
`
`March 7, 2016 to March 14, 2016. As grounds for this joint motion, the parties state as follows:
`
`1.
`
`On February 22, 2016, the Honorable Rodney Gilstrap conducted a Scheduling
`
`Conference and issued a Sample Docket Control Order For Patent Cases Assigned To Judge
`
`Rodney Gilstrap (“Judge Gilstrap’s Sample Docket Control Order”). (Ex. A).
`
`
`1 Defendant BP, p.l.c. is a foreign entity. It has not been served with the First Amended Complaint. Plaintiffs’
`counsel is working with counsel for BP America, Inc. and BP America Production Company regarding the status of
`BP, p.l.c. in this case.
`
`
`
`
`
`Case 1:16-cv-02690-AT Document 56 Filed 03/04/16 Page 2 of 4
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`
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`2.
`
`On March 1, 2016, this cause was reassigned to the Honorable Robert W.
`
`Schroeder III. (Dkt. No. 55).
`
`3.
`
`The parties are now in the process of incorporating as much of the matching dates
`
`and events as possible from Judge Gilstrap’s Sample Docket Control Order into this Court’s
`
`Sample Docket Control Order.
`
`4.
`
`Some of the dates and events in Judge Gilstrap’s Sample Docket Control Order,
`
`however, are difficult to translate to the dates and events in this Court’s Sample Docket Control
`
`Order.
`
`5.
`
`Because this cause was reassigned to this Court in close proximity to the March 7,
`
`2016, due date for the filing of the Proposed Docket Control Order and Proposed Discovery
`
`Order, the parties respectfully submit that additional time is needed to perform this task, and to
`
`review, revise and complete this Court’s Proposed Docket Control Order and Proposed
`
`Discovery Order.
`
`6.
`
`Accordingly, the parties submit that good cause exists for a one week extension of
`
`time to file the Proposed Docket Control Order and Proposed Discovery Order, and respectfully
`
`request the Court to extend the deadline for filing same from March 7, 2016 to March 14, 2017.
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`7.
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`Extending this deadline will not prejudice either party.
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`Wherefore, for the reasons set forth herein, the parties respectfully request the Court to
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`Grant this motion and extend the deadline for filing the Proposed Docket Control Order and
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`Proposed Discovery Order from March 7, 2016 to March 14, 2017.
`
`
`
`
`
`
`
`2
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`
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`Case 1:16-cv-02690-AT Document 56 Filed 03/04/16 Page 3 of 4
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`
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`Dated: March 4, 2016
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`
`
`
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`Respectfully Submitted,
`
`/s/ Paul J. Cronin by permission Claire A. Henry
`Paul J. Cronin, Admitted July 16, 2012
`LEAD ATTORNEY
`(MA Bar No. 641230)
`James C. Hall, Admitted April 9, 2012
`(MA Bar No. 656019)
`NUTTER MCCLENNEN & FISH LLP
`155 Seaport Boulevard
`Boston, Massachusetts 02210
`Telephone: (617) 439-2000
`Facsimile: (617) 310-9000
`Email: pcronin@nutter.com
`Email: jhall@nutter.com
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`Email: jw@wsfirm.com
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`Email: claire@wsfirm.com
`WARD, SMITH & HILL, PLLC
`P.O. Box 1231
`1127 Judson Road, Ste. 220
`Longview, Texas 75606-1231
`Telephone: (903) 757-6400
`Facsimile: (903) 757-2323
`
`ATTORNEYS FOR PLAINTIFFS
`
`/s/ Melissa R. Smith by permission Claire A. Henry
`Melissa R. Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: melissa@gillamsmithlaw.com
`
`Donald L. Jackson
`James D. Berquist
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON &
`GOWDEY, LLP
`
`3
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`Case 1:16-cv-02690-AT Document 56 Filed 03/04/16 Page 4 of 4
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`8300 Greensboro Dr., Suite 500
`McLean, VA 22102
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`ATTORNEYS FOR DEFENDANTS
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`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing document was filed electronically in
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`compliance with Local Rule CV-5(a). Therefore, this document was served on all counsel who
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`are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed.
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`R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have
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`consented to electronic service were served with a true and correct copy of the foregoing by
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`email on this the 4th day of March, 2016.
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`/s/ Claire Abernathy Henry
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`4
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