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`CustomPlay
`CustomPlay
`Exhibit 2016
`Exhibit 2016
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`Case 9:17-cv-80884-KAM Document 76 Entered on FLSD Docket 08/30/2018 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`MIAMI DIVISION
`CASE NO. 9:17-cv-80884-KAM
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`CUSTOMPLAY, LLC,
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`Plaintiff,
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`- vs. -
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`Defendant.
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`AMAZON.COM, INC.,
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`JOINT MOTION TO MODIFY SCHEDULING ORDER
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`Counsel for the parties have met and conferred to discuss this matter, and hereby submit
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`this joint motion to modify the Scheduling Order:
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`1.
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`2.
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`On October 12, 2017, the Court entered its Scheduling Order in this case.
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`This case currently is set for a September 17, 2018 discovery cutoff and a two-
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`week trial commencing Monday, March 4, 2019, with a calendar call on Friday, March 1, 2019.
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`3.
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`Despite ongoing efforts of all parties to resolve disputes and conduct discovery
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`efficiently, the parties are in need of additional time to complete fact and expert discovery.
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`4.
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`The parties have exchanged voluminous requests for production of documents and
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`comprehensive sets of interrogatories, and have each responded to same. The parties are still in
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`the process of producing responsive information, and also are engaging in negotiation
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`concerning the scope of discovery, including attempting to resolve disputes regarding discovery
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`responses. The parties hope to resolve these disputes, but motions practice may ultimately be
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`required. The parties respectfully seek additional time to allow them to try to minimize the
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`scope of the disputes that need to be resolved.
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`501806522 v1
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`1
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`Case 9:17-cv-80884-KAM Document 76 Entered on FLSD Docket 08/30/2018 Page 2 of 3
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`5.
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`In addition, discovery has been unusually challenging and time consuming even
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`where there is general agreement as to its scope. For example, some of the documents at issue
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`resided on computer storage systems that have been decommissioned, and the process of
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`determiming whether, and to what extent, they may be recoverable and discoverable is ongoing.
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`6.
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`The parties also need additional time for their experts. To date, expert discovery
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`has not commenced due to the need to first obtain fact discovery and the parties’ focus on claim
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`construction. The parties have conferred regarding the timing for expert disclosures and
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`depositions, and they agree that it will not be possible for fact discovery to be advanced
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`sufficiently to ensure the experts have the information they need under the current schedule.
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`That makes it impossible for experts to serve and respond to expert reports and for the parties to
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`conduct expert discovery, within the available time. In this case, the parties expect to utilize
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`technical experts on the issues of infringement and validity. Because infringement and validity
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`analysis depend on claim construction, it is beneficial for expert discovery to occur after claim
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`construction.
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`7.
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`In view of the foregoing, the parties agree that the orderly presentation of this
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`case necessitates an approximate five-month extension to the case schedule. That extension will
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`allow for efficient completion of fact and expert discovery and help to ensure focused briefing on
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`dispositive motions.
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`8.
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`An extension is also needed due to the other commitments of counsel. Several
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`extensions to the claim construction schedule were required to accommodate trial and travel
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`schedules on all sides.
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`9.
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`This joint request is submitted in good faith, is not sought for the purpose of
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`delay, and will not prejudice any party.
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`501806522 v1
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`Case 9:17-cv-80884-KAM Document 76 Entered on FLSD Docket 08/30/2018 Page 3 of 3
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`10.
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`For the foregoing reasons, the parties respectfully request that the Court adopt the
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`following modified case schedule.
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`Existing Deadline
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`Modified Deadline
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`Discovery Cut-off
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`September 17, 2018
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`February 18, 2019
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`Substantive Pretrial Motions
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`October 1, 2018
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`Calendar Call
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`Trial
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`March 1, 2019
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`March 4, 2019
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`March 11, 2019
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`August 23, 2019
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`August 26, 2019
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`Dated: August 30, 2018
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`s/ John C. Carey (with permission)
`John C. Carey, Esq.
`Florida Bar No: 78379
`jcarey@careyrodriguez.com
`CAREY RODRIGUEZ
`MILIAN GONYA, LLP
`1395 Brickell Avenue, Suite 700
`Miami, Florida 33131
`Telephone: (305) 372-7474
`Facsimile: (305) 372-7475
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`ATTORNEY FOR PLAINTIFF
`CUSTOMPLAY, LLC
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`501806522 v1
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`Respectfully submitted,
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`s/ Jonathan B. Morton
`Jonathan B. Morton
`Florida Bar No.: 956872
`jonathan.morton@klgates.com
`Daniel A. Casey
`Florida Bar No: 327972
`daniel.casey@klgates.com
`K&L GATES, LLP
`Southeast Financial Center
`200 South Biscayne Boulevard, Suite 3900
`Miami, Florida 33131
`Telephone: (305) 539-3300
`Facsimile: (305) 358-7095
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`Theodore J. Angelis - Admitted Pro Hac Vice
`theo.angelis@klgates.com
`Nicholas F. Lenning - Admitted Pro Hac Vice
`nicholas.lenning@klgates.com
`K&L GATES, LLP
`925 Fourth Avenue, Suite 2900
`Seattle, WA 98104-1158
`Telephone: (206) 623-7580
`Facsimile: (206) 623-7022
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`ATTORNEYS FOR DEFENDANT
`AMAZON.COM, INC.
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`3
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