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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
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` Case No. 17-1217-EFM-ADM
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`LOGANTREE LP,
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`Plaintiff,
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`v.
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`GARMIN INTERNATIONAL, INC. and
`GARMIN USA, INC.,
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`Defendants.
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`ORDER
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`The amended patent scheduling order requires that “[d]isclosures required by Fed. R.
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`Civ. P. 26(a)(2), including reports from retained experts, must be served by the party bearing the
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`burden of proof by July 5, 2021, with rebuttal expert disclosures served by August 20, 2021.”
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`(ECF 110, at 3.) On June 30, LoganTree LP’s (“LoganTree”) counsel emailed the magistrate
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`judge’s chambers to ask whether LoganTree was required to produce its infringement expert’s
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`report by the July 5 deadline because, according to LoganTree, its infringement expert requires
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`additional printed pages of source code—an issue that is now the subject of pending discovery
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`motions. Chambers staff responded that, “If you are requesting an extension of a previously
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`imposed deadline you will need to file a motion. The court will consider the motion, but counsel
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`should not assume it will be granted.” On July 1, LoganTree filed a motion to modify the
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`scheduling order to extend the July 5 deadline for initial expert disclosures. (ECF 123.)
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`LoganTree then proceeded to not serve any infringement expert disclosure by the July 5
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`deadline—even one that could later be supplemented if LoganTree ultimately prevailed in
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`obtaining additional printed pages of source code—despite the fact that the court had
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`Case 6:17-cv-01217-EFM-ADM Document 135 Filed 07/15/21 Page 2 of 2
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`admonished LoganTree that it should not assume that the court would grant an extension of the
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`July 5 deadline.
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`LoganTree’s failure to serve expert disclosures on all issues on which it bears the burden
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`of proof makes it impractical for defendants Garmin International, Inc. and Garmin USA, Inc.
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`(collectively “Garmin”) to serve rebuttal expert disclosures. Accordingly, the court vacates the
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`August 20 deadline for Garmin’s rebuttal expert disclosures. The court will reset Garmin’s
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`rebuttal expert disclosure deadline in conjunction with its forthcoming ruling on the pending
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`motions. LoganTree’s rebuttal expert disclosure deadline remains August 20, 2021.
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`IT IS SO ORDERED.
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`Dated July 15, 2021, at Topeka, Kansas.
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`s/ Angel D. Mitchell
`Angel D. Mitchell
`U.S. Magistrate Judge
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`2
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