Case 1:14-cv-02396-PGG-MHD Document 176-9 Filed 10/01/19 Page 1 of 6
`Case 1:14-cv-02396—PGG-MHD Document 176-9 Filed 10/01/19 Page 1 of 6
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` EXHIBIT I
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`EXHIBIT I
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`Case 1:18-cv-02624-PGG-GWG Document 16 Filed 12/06/18 Page 1 of 5Case 1:14-cv-02396-PGG-MHD Document 176-9 Filed 10/01/19 Page 2 of 6
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`MEDIATED AMBIANCE LLC,
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`USDCSDNY
`DOCUMENT
`ELECTRONICALLY FILED
`DOC#: _____ _,_ __ _
`DATE FILED:
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`/ zA./) 'f
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`Plaintiff,
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`- against -
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`CIVIL CASE MANAGEMENT PLAN
`AND SCHEDULING ORDER
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`TOUCHTUNES MUSIC CORP.,
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`18 Civ. 2624 (PGG)
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`Defendant.
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`PAUL G. GARDEPHE, U.S.D.J.:
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`After consultation with counsel for the parties, the Court adopts the following
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`Civil Case Management Plan and Scheduling Order, in accordance with Federal Rules of Civil
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`Procedure 16 and 26(f).
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`1.
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`2.
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`3.
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`4.
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`All parties do not consent to conducting further proceedings before a Magistrate Judge,
`including motions and trial, pursuant to 28 U.S.C. § 636(c).
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`This case is to be tried to a jury.
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`No additional parties may be joined except with leave of the Court. Except for good
`cause shown, any motion to join additional parties must be filed within 30 days from the
`date of this Order.
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`A party may not amend its pleadings except with leave of the Court. Except for good
`cause shown, any motion to amend pleadings must be filed within 30 days from the date
`of this Order.
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`5.
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`Initial Disclosures and Local Patent Rule Disclosures
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`a. The parties must complete their initial disclosures under Federal Rule of Civil
`Procedure 26(a)(l) no later than 14 days from the date of this Order.
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`b. Plaintiff shall serve its Local Patent Rule 6 disclosures ("Disclosure of Asserted
`Claims and Preliminary Infringement Contentions") no later than August 27,
`2018.
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`c. The parties must serve initial requests for production of documents by September
`7, 2018.
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`Case 1:18-cv-02624-PGG-GWG Document 16 Filed 12/06/18 Page 2 of 5Case 1:14-cv-02396-PGG-MHD Document 176-9 Filed 10/01/19 Page 3 of 6
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`d. The parties must serve interrogatories by September 7, 2018.
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`e. Defendant shall serve its Local Patent Rule 7 disclosures ("Preliminary Invalidity
`Contentions") no later than November 26, 2018.
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`6.
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`Claim Construction. The parties agree to the following schedule as to claim construction:
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`a. No later than December 27, 2018, the parties shall serve on the opposing party a
`list of claim terms for construction.
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`b. No later than January 25, 2019, the parties shall serve their respective
`preliminary claim constructions of each term identified by any party for claim
`construction, including identification of all intrinsic evidence, all references from
`the specification or prosecution history that support its preliminary proposed
`construction and identify any supporting extrinsic evidence including, without
`limitation, dictionary definitions, citations to learned treatises and prior art and
`testimony of all witnesses including expert witnesses.
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`c. No later than February 25, 2019, the parties shall file a Joint Disputed Claim
`Terms Chart. The joint chart shall include the following:
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`1. The construction of those terms on which the parties agree;
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`11. Each party's proposed construction of each disputed term, together with
`an identification of all references from the intrinsic evidence that support
`that construction, and an identification of any extrinsic evidence known to
`the party on which it intends to rely either to support its proposed
`construction or to oppose any other party's proposed construction,
`including, but not limited to, dictionary definitions, citations to learned
`treatises and prior art, and testimony of all witnesses including experts.
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`d. Plaintiff shall file its opening claim construction brief by March 27, 2019.
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`e. Defendant shall file its responsive claim construction brief by April 26, 2019.
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`f. Plaintiff shall file its reply claim construction brief by May 3, 2019.
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`g. A claim construction hearing will occur on June 7, 2019 at 10:00 a.m. in
`Courtroom 705 of the Thurgood Marshall Courthouse, 40 Foley Square, New
`York, NY.
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`7.
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`8.
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`The parties must submit their Local Patent Rule 10 "Opinions of Counsel" no later than
`30 days after the Court issues a claim construction ruling.
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`The deadline for parties to submit requests for admission will be 30 days after the Court
`issues a claim construction ruling.
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`2
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`Case 1:18-cv-02624-PGG-GWG Document 16 Filed 12/06/18 Page 3 of 5Case 1:14-cv-02396-PGG-MHD Document 176-9 Filed 10/01/19 Page 4 of 6
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`9.
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`The parties must complete depositions of fact witnesses no later than 60 days after the
`Court issues a claim construction ruling.
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`a. Unless the parties agree or the Court so orders, the parties may not hold
`depositions until all parties have responded to initial requests for document
`production.
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`b. There is no priority in deposition by reason of a party's status as plaintiff or
`defendant.
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`c. Unless the parties agree or the Court so orders, non-party depositions must follow
`initial party depositions.
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`d. Consistent with Federal Rule of Civil Procedure 30( d), the parties may not extend
`depositions beyond one business day without prior leave of the Court.
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`The parties must complete fact discovery no later than 60 days after the Court issues a
`claim construction ruling.
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`The parties must complete expert discovery no later than 90 days after the close of fact
`discovery.
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`a. Every party-proponent that intends to offer expert testimony for an issue on which
`that party bears the burden of proof ( other than for purposes of claim
`construction) - including any counterclaim, cross-claim, or third-party claim -
`must make such expert disclosures 30 days after the close of fact discovery.
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`b. Every party-opponent of such claim that intends to offer rebuttal expert testimony
`( other than for purposes of claim construction) to rebut expert disclosure of the
`party-proponent in l l(c) must make such rebuttal expert disclosure by 60 days
`after the close of fact discovery.
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`c. The parties may depose all experts, but such depositions must occur before the
`close of expert discovery.
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`d. Plaintiff anticipates expert testimony concerning the following issue(s):
`infringement, validity, claim construction, and damages
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`e. Defendant(s) anticipate expert testimony concerning the following issue(s): non(cid:173)
`infringement, validity, claim construction, and damages
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`No later than 14 days following the close of fact discovery, all counsel must meet face-to(cid:173)
`face for at least one hour to discuss settlement.
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`Parties may make post-discovery dispositive motions and Daubert motions in accordance
`with the Court's Individual Practices and the following schedule:
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`10.
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`11.
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`12.
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`13.
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`3
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`Case 1:18-cv-02624-PGG-GWG Document 16 Filed 12/06/18 Page 4 of 5Case 1:14-cv-02396-PGG-MHD Document 176-9 Filed 10/01/19 Page 5 of 6
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`a. Parties seeking to make post-discovery dispositive motions and Daubert motions
`should submit a letter to the Court in accordance with Rule 4(A) of the Court's
`Individual Practices within 30 days of the close of expert discovery.
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`b. Opposition letters are due 7 days later.
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`14.
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`15.
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`16.
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`Unless otherwise ordered by the Court, within 30 days from the date for the completion
`of discovery or, if a party has filed a dispositive motion, then within 30 days of a decision
`resolving the motion, the parties shall submit to the Court for its approval a joint pretrial
`order prepared in accordance with the Court's Individual Practices and Federal Rule of
`Civil Procedure 26(a)(3).
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`Counsel for the parties have conferred, and their present best estimate of the length of
`trial is 7 days.
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`At the close of discovery or, if a party has filed a dispositive motion, then within 30 days
`of a decision resolving the motion, the Court will set a Ready Trial Date. At any time on
`or after the Ready Trial Date, the Court may call the parties to trial upon 48 hours' notice.
`Therefore, counsel must notify the Court and their adversaries in writing of any potential
`scheduling conflicts -
`including, but not limited to, trials and vacations -
`that would
`prevent a trial at a particular time. Such notice must come before the Court notifies
`counsel of an actual trial date, not after counsel receives notification of the actual trial
`date. Counsel should notify the Court and all other counsel in writing, at the earliest
`possible time, of any scheduling problems involving out-of-town witnesses or other
`ex1genc1es.
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`17. Where the parties resolve the case before the entry of judgment, they must submit a
`stipulation of discontinuance - signed by all parties - before the Court will remove the
`case from the trial calendar. If the parties settle within 48 hours of trial or the filing of a
`dispositive motion, they must immediately notify the Court of such settlement, and fax to
`the Court no less than 36 hours before their planned appearance, a stipulation of
`discontinuance, signed by all parties.
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`18.
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`19.
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`The next pretrial conference is scheduled for December 13, 2018 at 10:00 a.m. in
`Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square,
`New York, New York.
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`The parties shall submit a joint letter by December 6, 2018, updating the Court regarding
`the status of discovery.
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`4
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`Case 1:18-cv-02624-PGG-GWG Document 16 Filed 12/06/18 Page 5 of 5Case 1:14-cv-02396-PGG-MHD Document 176-9 Filed 10/01/19 Page 6 of 6
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`This Order may not be modified or the dates herein extended, except by further
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`Order of this Court for good cause shown. Any application to modify or extend must be made in
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`a written application in accordance with the Court's Individual Practices.
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`Dated: New York, New York
`December 6, 2018
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`SO ORDERED.
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`Paul G. Gardephe
`United States District Judge
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`5
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