Case 1:23-cv-11599-LTS Document 31 Filed 01/02/24 Page 1 of 4
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`SHERRYWEAR, LLC,
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` Plaintiff,
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`IN THE UNITED STATES DISTRICT COURT FOR
`THE DISTRICT OF MASSACHUSETTS
`________________________________________
`)
`)
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`) Case No. 1:23-cv-11599-LTS
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`) Jury Trial Demanded
`)
`)
`)
`)
`)
`________________________________________)
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` v.
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`NIKE, INC.,
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` Defendant.
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`SOROKIN, D.J.
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`SCHEDULING ORDER
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`This Scheduling Order is intended to provide a reasonable timetable for discovery and
`motion practice in order to help ensure a fair and just resolution of this matter without undue expense
`or delay.
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`Timetable for Discovery and Motion Practice
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`Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure and Local Rule 16.1(f), it is
`hereby ORDERED that:
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`1. Preliminary Disclosures.
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`a.
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`Initial Disclosures: Pursuant to Fed. R. Civ. P. 26(a)(1), the Parties shall
`complete initial disclosures no later than January 18, 2024.
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`b. Automatic Patent-Related Disclosures: Pursuant to L.R. 16.6(d)(1), Patentee
`shall complete Automatic Patent-Related Disclosures no later than
`Thursday, January 25, 2024.
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`c. Conference Concerning Preliminary Patent Disclosures: Pursuant to L.R.
`16.6(d)(2), the Parties shall meet and confer concerning preliminary patent
`disclosures Thursday, February 15, 2024, or 21 days after Patentee’s Patent
`Disclosures, whichever is later.
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`d. Accused Infringer’s Preliminary Disclosures and Productions: Pursuant to
`L.R. 16.6(d)(4), the Accused Infringer shall complete its Preliminary
`Disclosures and Productions Thursday, March 7, 2024, or 21 days after the
`Preliminary Patent Disclosures Conference, whichever is later.
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`NIKE-1046
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`Case 1:23-cv-11599-LTS Document 31 Filed 01/02/24 Page 2 of 4
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`2. Amendments to Pleadings. Except for good cause shown, no motions seeking leave
`to add new parties or to amend the pleadings to assert new claims or defenses may be
`filed after Monday, March 4, 2024.
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`3. Fact Discovery – Interim Deadlines.
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`All requests for production of documents, interrogatories and requests for admission may be served
`beginning Wednesday, December 13, 2023. (The date of the Parties’ 26(f) Conference.)
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`a. All requests for production of documents, interrogatories, and requests for
`admission must be served by the later of Monday July 15, 2024, or 15 days after
`entry of the Court’s ruling on claim construction.
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`b. Document production must be substantially completed by the later of Monday
`August 19, 2024, or 30 days after entry of the Court’s ruling on claim construction.
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`c. All depositions, other than expert depositions, must be completed by the later of
`Thursday September 19, 2024, or 60 days after entry of the Court’s ruling on claim
`construction.
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`d. Final Fact Discovery Deadline: All discovery other than expert discovery
`must be completed by the later of Thursday September 19, 2024, or 60 days after
`entry of the Court’s ruling on claim construction.
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`4. Status Conference. A status conference may be held on a date to be determined by the
`Court. Any party who reasonably believes that a status conference will assist in the
`management or resolution of the case may request one from the Court upon reasonable
`notice to opposing counsel.
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`5. Expert Discovery.
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`a. Trial experts for the party with the burden of proof must be designated, and
`the information contemplated by Fed. R. Civ. P. 26(a)(2) must be disclosed
`by the later of Monday September 30, 2024, or 10 days after the close of
`fact discovery.
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`b. Rebuttal trial experts must be designated, and the information contemplated
`by Fed. R. Civ. P. 26(a)(2) must be disclosed by the later of Monday
`November 4, 2024 or 45 days after the close of fact discovery
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`c. Pursuant to L.R. 16.6(c)(4), all trial experts must be deposed by the later of
`Wednesday December 18, 2024, or 90 days after the close of fact
`discovery.
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`d. Final Expert Discovery Deadline: Expert discovery must be completed by
`the later of Wednesday December 18, 2024, or 90 days after the close of fact
`discovery.
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`Case 1:23-cv-11599-LTS Document 31 Filed 01/02/24 Page 3 of 4
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`6. Dispositive Motions.
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`a. Dispositive motions, such as motions for summary judgment or partial
`summary judgment and motions for judgment on the pleadings, must be filed
`by the later of Monday February 17, 2025, or 60 days after the close of expert
`discovery with the opposition due thirty days thereafter. In the case of cross-
`motions the deadlines and page limits for the filings other than the Plaintiff’s
`initial motion are set forth in the Session’s Standing Order on Summary
`Judgment Motions unless specifically modified.
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`7. Initial Pretrial Conference. An initial pretrial conference may be held on a date to be
`determined by the Court. The parties shall prepare and submit a pretrial memorandum
`in accordance with Local Rule 16.5(d) five business days prior to the date of the
`conference.
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`8. Claim Construction Proceedings
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`a. Exchange Proposed Claim Terms to be Construed: Pursuant to L.R.
`16.6(e)(1)(A), the Parties shall simultaneously exchange a list of claim terms
`to be construed and their proposed constructions no later than Thursday, March
`28, 2024.
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`b. Conference on Proposed Claim Terms: Pursuant to L.R. 16.6(e)(1)(B), the
`Parties Patentee shall confer to see if agreement can be reached on the
`construction of claim terms and the number of claims to be considered
`complete no later than Thursday, April 4, 2024.
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`c. Joint Statement: Pursuant to L.R. 16.6(e)(1)(D), the Parties shall file a joint
`statement of the number of claims and terms to be construed no later than
`Thursday, April 11, 2024. The joint statement shall include a joint claim-
`construction chart listing the claim terms in the order in which the parties
`would like the court to construe them and noting each Party’s proposed
`construction of each term.
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`d. Opening Claim Construction Briefs: Pursuant to L.R. 16.6(e)(2), the Parties
`shall simultaneously exchange and file opening claim construction briefs no
`later than Thursday, May 2, 2024.
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`e. Expert Claim Construction Testimony: Pursuant to L.R. 16.6(e)(3), any
`expert whose testimony is relied on by a Party to support claim construction
`must be made available for deposition no later than Thursday, May 23, 2024.
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`f. Responsive Briefs: Pursuant
`the Parties shall
`to L.R. 16.6(e)(4),
`simultaneously exchange and file responsive claim construction briefs no
`later than Thursday, June 13, 2024.
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`Case 1:23-cv-11599-LTS Document 31 Filed 01/02/24 Page 4 of 4
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`g. Claim Construction Hearing: Pursuant to L.R. 16.6(c)(2), the Court shall
`Conduct a Claim Construction Hearing on or before Wednesday, September
`4, 2024.
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`Procedural Provisions
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`1. Extension of Deadlines. Motions to extend or modify deadlines will be granted only
`for good cause shown. All motions to extend shall contain a brief statement of the
`reasons for the request; a summary of the discovery, if any, that remains to be taken;
`and a specific date when the requesting party expects to complete additional discovery,
`join other parties, amend the pleadings, or file a motion.
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`2. Motions to Compel or Prevent Discovery. Except for good cause shown, motions to
`compel discovery, motions for protective orders, motions to quash, motions to strike
`discovery responses, and similar motions must be filed no later than seven days after
`the close of fact discovery or the close of expert discovery, whichever deadline is
`relevant. If additional discovery is compelled by the Court after the relevant deadline
`has passed, the Court may enter such additional orders relating to discovery as may be
`appropriate.
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`3. Status Conferences. The Court has scheduled a status conference after (or close to)
`the close of fact discovery for case management purposes. Any party who reasonably
`believes that a status conference will assist in the management or resolution of the case
`may request one from the Court upon reasonable notice to opposing counsel.
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`4. Additional Conferences. Upon request of counsel, or at the Court’s own
`initiative, additional case-management or status conferences may be scheduled.
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`5. Early Resolution of Issues. The Court recognizes that, in some cases, resolution of
`one or more preliminary issues may remove a significant impediment to settlement or
`otherwise expedite resolution of the case. Counsel are encouraged to identify any
`such issues and to make appropriate motions at an early stage in the litigation.
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`6. Pretrial Conference. Lead trial counsel are required to attend any pretrial conference.
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`IT IS HEREBY ORDERED:
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`/s/ Leo T. Sorokin
`___________________________
`United States District Judge
`
`/s/ Kellyann Belmont
`By: ________________________
` DEPUTY CLERK
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