CASE 0:20-cv-00358-ECT-HB Doc. 72 Filed 05/12/21 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
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`Oxygenator Water Technologies, Inc.,
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`v.
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`Tennant Company,
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`Plaintiff,
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`Defendant.
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`Civil No. 20-cv-0358 (ECT/HB)
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`AMENDED PRETRIAL
`CASE MANAGEMENT ORDER
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`Pursuant to the decision of the Court on Tennant Company’s request to amend the
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`Pretrial Case Management Order [ECF No. 71], which was submitted to the Court for
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`resolution through its Informal Dispute Resolution process [ECF Nos. 69, 70], and for
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`good cause shown,
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`IT IS HEREBY ORDERED that the Pretrial Case Management Order [ECF No.
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`43], as amended [ECF No. 62], is hereby further amended as follows:
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`FACT DISCOVERY DEADLINES AND LIMITS
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`1.
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`Fact discovery must be commenced in time to be completed on or before
`June 18, 2021 July 19, 2021.
`NON-DISPOSITIVE MOTIONS
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`1.
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`2.
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`All non-dispositive motions and supporting documents, other than those
`seeking to amend or supplement the pleadings or relating to expert
`discovery, must be filed and served on or before July 6, 2021 August 2,
`2021.
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`All non-dispositive motions and supporting documents that relate to expert
`discovery must be filed and served on or before October 22, 2021
`November 19, 2021.
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`CASE 0:20-cv-00358-ECT-HB Doc. 72 Filed 05/12/21 Page 2 of 3
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`TRIAL EXPERTS
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`1.
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`Disclosure of the identities of expert witnesses under Rule 26(a)(2)(A), the
`full disclosures required by Rule 26(a)(2)(B) (including the written report
`prepared and signed by each expert witness), and the full disclosures
`required by Rule 26(a)(2)(C), shall be made as follows:
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`a.
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`b.
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`c.
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`Identification of experts who may be used at trial to present
`evidence under Fed. R. Evid. 702, 703, or 705 on issues for
`which the party bears the burden of proof, and full disclosures
`required by Rule 26(a)(2)(B) and 26(a)(2)(C) on or before
`July 16, 2021 August 20, 2021.
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`Identification of experts who may be used at trial to present
`evidence under Fed. R. Evid. 702, 703, or 705 on issues for
`which the party does not bear the burden of proof, and full
`disclosures required by Rule 26(a)(2)(B) and 26(a)(2)(C) on
`or before August 16, 2021 September 20, 2021.
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`Rebuttal identities and disclosures on or before September 10, 2021
`October 15, 2021.
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`Expert discovery, including depositions, shall be completed by October 8,
`2021 November 12, 2021.
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`Absent leave of Court for good cause shown, and notwithstanding any
`deadlines and provision for amendments in the sections relating to
`infringement contentions claims charts and prior art statements, the
`foregoing deadlines for expert discovery shall govern regardless of whether
`the Court has issued its claim construction order. If no claim construction
`order has issued by the time of an applicable deadline for expert disclosure,
`a party’s expert disclosures must set forth any opinions on infringement and
`/or invalidity based on either party’s proposed claim constructions as to
`which opinions the party may ultimately seek to elicit testimony at trial.
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`If the claim construction order is issued before or during the expert
`discovery schedule set out above, the parties will promptly meet and confer
`and then seek a telephone conference with the Court regarding whether the
`deadlines for expert discovery should be further amended.
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`2.
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`3.
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`2
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`CASE 0:20-cv-00358-ECT-HB Doc. 72 Filed 05/12/21 Page 3 of 3
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`REDUCTION OF ASSERTED CLAIMS
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`1.
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`Plaintiff shall further reduce the number of asserted claims to no more than
`ten (10) claims no later than October 15, 2021 November 19, 2021, or one
`week after the date of the last expert deposition, whichever is earlier.
`DISPOSITIVE MOTIONS
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`All dispositive motions must be filed and served by the moving party on or before
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`November 19, 2021 December 20, 2021.
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`TRIAL
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`This case shall be ready for a jury trial on March 21, 2022 April 18, 2022. The
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`anticipated length of trial is 7-10 days.
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`All other terms, deadlines, and provisions of the Pretrial Scheduling Order [ECF
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`No. 43], as amended [ECF No. 62], remain in full force and effect except as specifically
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`modified herein.
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`Dated: May 12, 2021
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`s/ Hildy Bowbeer
`HILDY BOWBEER
`United States Magistrate Judge
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`3
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