Case 2:13-cv-00391-ES-JAD Document 215 Filed 02/17/16 Page 1 of 5 PageID: 4411
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`·------------------------------------------------------------------------,
`I
`JAZZ PHARMACEUTICALS, INC., et al., !
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`Civil Action No. 13-391 (ES) (JAD)
`(Consolidated)
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`SCHEDULING ORDER
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`Plaintiffs,
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`v.
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`AMNEAL PHARMACEUTICALS, LLC,
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`et al.,
`
`I
`
`!
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`II
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`Defendants.
`---------------------------------------------------------------------------------------'
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`THIS CONSOLIDATED MATTER having come before the Court for a scheduling
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`conference pursuant to Rule 16 of the Federal Rules of Civil Procedure on January 13, 2016; and
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`for good cause shown:
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`-\\
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`IT IS on this \=\-lday of February, 2016
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`ORDERED THAT:
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`I. DISCLOSURES
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`To the extent the parties have not already done so, Fed. R. Civ. P. 26 disclosures
`1.
`are to be exchanged on or before February 19, 2016.
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`II. SCHEDULE
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`Plaintiffs shall serve their Disclosure of Asserted Claims pursuant to L Pat. R.
`2.
`3.6(b) on or before March 7, 2016.
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`Defendants shall serve their Invalidity Contentions and Non-Infringement
`3.
`Contentions pursuant to L. Pat. R. 3.6(c)- (f) on or before April 14, 2016.
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`Plaintiffs shall serve their Infringement Contentions and Responses to
`4.
`Defendants' Invalidity Contentions pursuant to L. Pat R. 3.6(g)- (i) on or before May 27, 2016.
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`The parties shall exchange proposed terms for construction pursuant to L. Pat. R.
`5.
`4.l(a) on or before June 10, 2016.
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`The parties shall exchange preliminary proposed constructions and identification
`6.
`of intrinsic and extrinsic evidence pursuant to L. Pat. R. 4.2(a) - (b) on or before July 1, 2016.
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`The parties shall exchange evidence opposing any proposed claim construction
`7.
`pursuant to L. Pat. R. 4.2(c) on or before July 15, 2016. The parties shall thereafter meet and
`confer to narrow the issues in dispute.
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`The parties shall complete fact discovery relating to claim construction pursuant
`8.
`to L. Pat. R. 4.4 on or before August 1, 2016.
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`The parties shall file a Joint Claim Construction and Preheating Statement
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`pursuant to L. Pat. R. 4.3 (a)- (e) on or before August 3, 2016.
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`The parties shall file and serve their opening Markman submissions pursuant to L.
`10.
`Pat. R. 4.5 (a) on or before September 16, 2016.
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`The parties shall complete expert discovery pertaining to Markman issues on or
`11.
`before October 19, 2016.
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`The parties shall file and serve their responding Markman submissions on or
`12.
`before November 2, 2016.
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`On or before November 30, 2016, the parties shall submit to the Court a proposed
`13.
`schedule for a Markman hearing.
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`14.
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`15.
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`The Court will conduct aMarkman hearing on To be determined.
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`The parties shall complete all fact discovery on or before February 24, 2017.
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`III. DISCOVERY-GENERALLY
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`Per the agreement of the parties, discovery regarding the REMS Patents is stayed
`16.
`pending further Order of the Court. The parties may proceed with discovery on all other issues.
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`Each party may serve interrogatories, in accordance with the schedule set forth
`17.
`above, limited to twenty-five (25) single questions to each other party. The Court notes that it
`will consider permitting the parties to serve additional interrogatories should discovery proceed
`with regard to the REMS patents.
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`Each party may take a maximum of ten (10) depositions. The Court notes that it
`18.
`will consider permitting the parties to take additional depositions should discovery proceed with
`regard to the REMS patents.
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`No objections to questions posed at depositions shall be made other than as to lack
`19.
`of foundation, form or privilege. See Fed. R. Civ. P. 32(d) (3) (A). No instruction not to answer
`shall be given unless a privilege is implicated.
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`Any discovery dispute shall be brought to the Court's attention in the first instance
`20.
`by letter or by telephone conference call immediately after the parties' good faith attempt to resolve
`the dispute has failed. See L. Civ. R. 16.l(t)(l).
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`No discovery motion or motion for sanctions for failure to provide discovery shall
`21.
`be made without prior leave of Court.
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`22.
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`Expert discovery is to remain open through: October 2, 2017.
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`IV. EXPERTS
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`Pursuant to Federal Rule of Civil Procedure 26(a)(2)(D), the parties shall identify
`23.
`their experts and deliver their expert reports in accordance with the following deadlines:
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`a.
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`b.
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`c.
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`All opening expert reports (i) on issues for which a party bears the burden
`of proof; and (ii) regarding secondary considerations of non-obviousness
`shall be delivered on or before April 25, 2017. Any such report shall be
`in the form and content as required by Fed. R. Civ. P. 26(a)(2)(B).
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`All rebuttal expert reports shall be delivered on or before June 30, 2017.
`Any such report shall be in the form and content as described above.
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`All reply expert reports (if necessary) shall be delivered on or before
`August 2, 2017.
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`No expert shall testify at trial as to any opinions or base those opinions on facts not
`24.
`substantially disclosed in his/her report.
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`V. DISCOVERY CONFIDENTIALITY ORDERS
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`Deadline for parties to present a consent confidentiality order or otherwise apply
`25.
`for entry of a discovery confidentiality order pursuant to L. Pat. R. 2.2: March 4, 2016.
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`Any proposed confidentiality order agreed to by the parties must strictly comply
`26.
`with Fed.R.Civ.P. 26(c) and Local Civil Rule 5.3. See also Pansy v. Borough of Stroudsburg, 23
`F.3d 772 (3d Cir. 1994); Glenmede Trust Company v. Thompson, 56 F.3d 476 (3d Cir. 1995).
`Any such form of order must be accompanied by an affidavit or attorney certification filed
`electronically under the designation "affidavit/certification in support of discovery confidentiality
`order." The affidavit or attorney certification shall describe (a) the nature of the materials to be
`kept confidential, (b) the legitimate private or public interests which warrant confidentiality and
`(c) the clearly defined and serious injury that would result should the order not be entered. Any
`such order must be clearly designated "Discovery Confidentiality Order." See Local Civil
`Rule 5.3.
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`VI. FUTURE CONFERENCES
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`27.
`at 11:00 a.m.
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`There shall be an in-person conference before the undersigned on April 25, 2016
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`The Court may from time to time schedule conferences as may be required, either
`28.
`sua sponte or at the request of a party.
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`Counsel should be prepared to discuss settlement at every conference with the
`29.
`Court. The senior attorney in charge of the case must attend all settlement conferences and
`client(s) with full settlement authority must either attend or be immediately available by telephone.
`In cases involving insurance companies and other corporate or business entities, it is expected that
`the executive who will make
`the final decision on the settlement will be the person available for
`the conference.
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`Since all dates set forth herein are established with the assistance and knowledge
`30.
`of counsel, there will be no extensions except for good cause shown and by leave of Court, even
`with consent of all counsel.
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`A copy of every pleading, document or written communication with the Court shall
`31.
`be served on all other parties to the action. Any such communication which does not recite or
`contain a certification of such service may be disregarded by the Court.
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`VII. MOTIONS
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`Any motion to add new parties, whether by amended or third-party complaint, must
`32.
`be filed not later than January 16, 2017.
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`33.
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`Any motion to amend pleadings must be filed not later than January 16, 2017.
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`No motions are to be filed without prior written permission from this Court, All
`34.
`dispositive motions must first be subject to a dispositive motion pre-hearing in order to assure
`proper calendar control.
`These prerequisites must be met before any motions are filed and the
`motions will be returned if not met. All calendar or dispositive motions, if permitted, shall
`comply with Local Civil Rules 7.l{b), and 78.1.
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`35.
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`Dispositive motions, if any, are to be filed by: To be determined.
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`VIII. FINAL PRETRIAL CONFERENCE
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`A final pretrial conference shall be conducted pursuant to Civil Rule 16( d) at a time
`36.
`and date to be assigned.
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`Pursuant to paragraphs 14 and 15 of this Court's fonn of Final Pretrial Order, all
`3 7.
`pretrial submissions must be served upon the Court forty-eight ( 48) hours prior to the final pretrial
`conference.
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`All counsel are directed to assemble at the office of Plaintiffs' counsel not later than
`38.
`ten (10) days before the pretrial conference to prepare the proposed Final Pretrial Order in the fonn
`and content required by the Court, as well as the required pretrial submissions consisting of agreed(cid:173)
`upon jury instructions, voir dire questions, verdict sheet, trial briefs and a neutral statement of the
`case to be read to the jury panel, all of which must be submitted forty-eight ( 48) hours before the
`final pretrial conference. Plaintiffs' counsel shall prepare the Pretrial Order and shall submit it
`to all other counsel for approval.
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`39. With respect to non-jury trials, each party shall submit to the District Judge and to
`opposing counsel proposed Findings of Fact and Conclusions of Law, trial briefs and any
`hypothetical questions to be put to an expert witness on direct examination.
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`The original of the Final Pretrial Order shall be delivered to Chambers not later
`40.
`than forty-eight ( 48) hours before the pretrial conference, along with all pretrial submissions and
`trial briefs. All counsel are responsible for the timely submission of the Pretrial Order and
`submissions.
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`FAILURE TO FOLLOW THIS ORDER WILL RESULT IN SANCTIONS
`41.
`PURSUANT TO Fed. R. Civ. P. 16(f) and 37.
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`cc: Hon. Esther Salas, U.S.D.J.
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`United States Magistrate Judge
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