Case 2:13-cv-00391-ES-JAD Document 46 Filed 11/07/13 Page 1 of 6 PageID: 561
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`Jazz Pharmaceuticals, Inc.
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`Plaintiff(s), ·
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`-vs-
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`Hon. Esther Salas
`Civil Action No. 13-391
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`Amneal Pharmaceuticals, LLC
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`PRETRIAL SCHEDULING ORDER
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`Defendant(s).
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`THIS MATTER having come before the Court for a scheduling conference pursuan to
`Rule 16 ofthe Federal Rules ofCivil'Procedure on 10/23/13; and for good cause shown:
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`IT IS on this 23rd day of October, 2013
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`ORDERED THAT:
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`I. DISCLOSURES
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`1.
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`Fed. R. Civ. P. 26 disclosures are to be exchanged on or before (see exhibit A
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`II. DISCOVERY
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`Fact discovery is to remain open through (see exhibit A). No discovery is t
`2.
`issued or engaged in beyond that date, except upon application and for good cause shown.
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`The parties may serve interrogatories limited to twenty-five (25) single questions
`3.
`requests for production of documents on or before (see exhibit A), to be responded to within th
`(30) days of receipt.
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`No objections to questions posed at depositions shall be made other than as to 1 ck
`4.
`of foundation, form or privilege. See Fed. R. Civ. P. 32(d) (3) (A). No instruction not to ans er
`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 inst
`5.
`by letter or by telephone conference call immediately after the parties' good faith attempt to res
`the dispute has failed. See L. Civ. R. 16.1(f)(1).
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`No discovery motion or motion for sanctions for failure to provide discovery s
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`be made without prior leave of Court.
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`ll
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`III. DISCOVERY CONFIDENTIALITY ORDERS
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`Any proposed confidentiality order agreed to by the parties must strictly comply
`7.
`Fed.R.Civ.P. 26(c) and Local Civil Rule 5.3. See also Pansy v. Borough of Stroudsburg, 23 F d
`772 (3d Cir. 1994); Glenmede Trust Company v. Thompson, 56 F.3d 476 (3d Cir. 1995). Any s h
`form of order must be accompanied by an affidavit or attorney certification filed electronically un er
`the designation "affidavit/certification in support of discovery confidentiality order." The affid
`it
`or attorney certification shall describe (a) the nature of the materials to be kept confidential, (b) e
`legitimate private or public interests which warrant confidentiality and (c) the clearly defined
`serious injury that would result should the order not be entered. Any such order must be cle
`designated "Discovery Confidentiality Order." See Local Civil Rule 5.3.
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`IV. FUTURE CONFERENCES
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`There shall be an telephone status conference before the undersigned on 1/8/1 at
`8.
`10:30 a.m. Counsel for plaintiff is to initiate the call to 973-645-2580.
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`The Court may from time to time schedule conferences as may be required, either ua
`9.
`sponte or at the request of a party.
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`Counsel should be prepared to discuss settlement at every conference with the Co
`10.
`The senior attorney in charge of the case must attend all settlement conferences and client( s)
`full settlement authority must either attend or be immediately available by telephone. In c
`involving insurance companies and other corporate or business entities, it is expected that
`executive who will make the final decision on the settlement will be the person available for he
`conference.
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`11.
`Since all dates set forth herein are established with the assistance and knowledg
`counsel, there will be no extensions except for good cause shown and by leave of Court, even
`consent of all counsel.
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`A copy of every pleading, document or written communication with the Courts
`12.
`be served on all other parties to the action. Any such communication which does not recit
`contain a certification of such service may be disregarded by the Court.
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`11
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`V. MOTIONS
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`Any motion to add new parties, whether by amended or third-party complaint,
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`be filed not later than (see exhibit A).
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`st
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`14.
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`Any motion to amend pleadings must be filed not later than (see exhibit
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`No motions are to be filed without prior written permission from this Court.
`15.
`dis ositive motions must first be sub· ect to a dis ositive motion re-hearin in order to assure ro
`calendar control. These prerequisites must be met before any motions are filed and the motions
`be returned if not met. All calendar or dispositive motions, if permitted, shall comply with L
`Civil Rules 7.l(b), and 78.1.
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`16.
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`Dispositive motions, if any, are to be filed by (date to be determined).
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`VI. EXPERTS
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`17.
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`Expert discovery is to remain open through (see exhibit A).
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`All affirmative expert reports shall be delivered by (see exhibit A).
`18.
`report is to be in the form and content as required by Fed. R. Civ. P. 26(a) (2) (B).
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`All responding expert reports shall be delivered by (see exhibit A). Any such re
`19.
`shall be in the form and content as described above.
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`rt
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`No expert shall testify at trial as to any opinions or base those opinions on facts ot
`20.
`substantially disclosed in his report.
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`VII. FINAL PRETRIAL CONFERENCE
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`A final pretrial conference shall be conducted pursuant to Civil Rule 16( d) at a ti e
`21.
`and date to be assigned.
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`Pursuant to paragraphs 14 and 15 ofthis Court's form of Final Pretrial Order,
`22.
`pretrial submissions must be served upon the Court forty-eight ( 48) hours prior to the final pret
`conference.
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`All counsel are directed to assemble at the office of plaintiffs counsel not later t n
`23.
`ten (1 0) days before the pretrial conference to prepare the proposed Final Pretrial Order in the fl
`and content required by the Court, as well as the required pretrial submissions consisting of agre d(cid:173)
`upon jury instructions, voir dire questions, verdict sheet, trial briefs and a neutral statement of e
`case to be read to the jury panel, all of which must be submitted forty-eight ( 48) hours before
`final pretrial conference. Plaintiffs counsel shall prepare the Pretrial Order and shall submit itt
`other counsel for approval.
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`24. With respect to non-jury trials, each party shall submit to the District Judge an
`opposing counsel proposed Findings of Fact and Conclusions of Law, trial briefs and
`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 t
`25.
`forty-eight ( 48) hours before the pretrial conference, along with all pretrial submissions and t
`briefs. All counsel are responsible for the timely submission of the Pretrial Order and submissi
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`s.
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`FAILURE TO FOLLOW THIS ORDER WILL RESULT IN SANCTIO
`26.
`PURSUANT TO Fed. R. Civ. P.16(t) and 37.
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`s/ Joseph A. Dickson
`Joseph A. Dickson
`United States Magistrate Judge
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`cc: Hon. Esther Salas, USDJ
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`EXHIBIT A
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`October 30, 2013
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`November 6, 2013
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`November 22,2013
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`January 10, 2014
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`January 24, 2014
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`February 14, 2014
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`February 28, 2014
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`February 28, 2014
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`March 17, 2014
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`April15, 2014
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`April30,2014
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`May 30,2014
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`June 30, 2014
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`July 14, 2014
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`Plaintiff identifies asserted
`claims
`Defendant serves non(cid:173)
`infringement and invalidity
`contentions of asserted claims
`Parties Submit proposed
`Discovery Confidentiality Order
`Plaintiff serves infringement
`contentions and response to
`invalidity contentions
`Parties exchange proposed terms
`for construction and thereafter
`meet and confer to narrow issues
`Parties exchange preliminary
`proposed constructions and
`identifications of intrinsic and
`extrinsic evidence and thereafter
`meet and confer to narrow issues
`Parties exchange evidence
`opposing proposed claim
`constructions
`Substantial Completion of
`Document Production
`Parties file Joint Claim
`Construction and Pre-hearing
`Statement
`Parties complete fact discovery
`related to claim construction
`Parties file opening Markman
`papers, including any expert
`declarations
`Parties complete expert
`discovery regarding Markman
`issues
`Parties file responsive Markman
`papers
`Parties propose schedule to the
`Court for Claim Construction
`Hearing
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`Deadline for motions to amend
`pleadings or add parties
`Close of fact discovery
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`Opening expert reports on issues
`for which the party bears the
`burden of proof
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`Rebuttal expert reports
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`Reply expert reports
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`Close of expert discovery
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`Final pretrial conference
`Trial
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`March 30,2014
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`August 1, 2014
`60 days after the close of
`fact discovery or the
`Court's Markman opinion,
`whichever is later
`60 days after opening
`expert reports
`30 days after rebuttal
`expert reports
`60 days after reply expert
`reports
`To be determined
`To be determined
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`