`
`
`UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
`CENTRAL DIVISION
`
`
`
`EAGLE VIEW TECHNOLOGIES, INC., and
`PICTOMETRY INTERNATIONAL CORP.,
`
`
`Plaintiffs,
`
`
`v.
`
`NEARMAP US, INC.; NEARMAP
`AUSTRALIA PTY LTD; and NEARMAP
`LTD,
`
`
`FOURTH AMENDED PATENT CASE
`SCHEDULING ORDER
`
`
`
`Case No. 2:21-cv-00283
`
`District Judge Ted Stewart
`
`Magistrate Judge Daphne A. Oberg
`
`Defendants.
`
`
`Plaintiffs Eagle View Technologies, Inc. and Pictometry International Corp. (collectively,
`
`
`
`“EagleView”) and Defendants Nearmap US, Inc., Nearmap Australia Pty Ltd, and Nearmap Ltd
`
`(collectively, “Nearmap”) have filed a joint motion to amend the scheduling order.1 The parties
`
`agree to extend fact discovery and subsequent deadlines but disagree on the length of the
`
`extensions. Having considered the parties’ respective proposals and supporting arguments, and
`
`for good cause shown, the court GRANTS the motion IN PART and amends the case schedule as
`
`follows based on Nearmap’s proposal.
`
`All deadlines and limitations not set forth below remain unchanged. Based on the age of
`
`the case and number of prior extensions, the court is not inclined to grant further extensions. The
`
`parties are expected to take all steps necessary to meet these deadlines.
`
`1 (Doc. No. 371.)
`
`
`
`
`
`1
`
`
`
`Case 2:21-cv-00283-TS-DAO Document 372 Filed 12/27/23 PageID.18757 Page 2 of 2
`
`Event
`Close of fact discovery before claim construction – extended for the
`purposes of the depositions of Mr. Tarlinton, Mr. Bewley, and Mr.
`Jurasek only
`Deadline to file opening cross-motions for claim construction and
`joint appendix; deadline to file dispositive motions required to be
`filed with claim construction
`Deadline to file simultaneous responsive claim construction briefs;
`deadline to file opposition to dispositive motions filed with claim
`construction
`Deadline to file joint claim construction chart and status report
`Deadline to file reply to dispositive motions filed with claim
`construction
`Deadline to submit technology tutorial to the court
`Disclosure of intent to rely on opinions of counsel and materials in
`support
`
`Deadline
`March 1, 2024
`
`March 8, 2024
`
`April 5, 2024
`
`April 12, 2024
`April 19, 2024
`
`April 19, 2024
`7 days after Claim
`Construction Order
`(“CCO”)2
`14 days after CCO
`
`Deadline to file motion for additional discovery; EagleView to file
`new proposed scheduling order for court to set trial deadlines by order
`or through a case management conference
`Parties bearing burden of proof serve opening expert reports
`Parties serve counter expert reports
`Close of expert discovery
`Deadline for filing partial or complete motions to exclude expert
`testimony
`Deadline for filing dispositive or potentially dispositive motions
`
`DATED this 27th day of December, 2023.
`BY THE COURT:
`
`____________________________
`Daphne A. Oberg
`United States Magistrate Judge
`
`28 days after CCO
`56 days after CCO
`91 days after CCO
`105 days after CCO
`
`119 days after CCO
`
`
`2 In the event the court issues multiple claim construction orders, deadlines triggered by the
`claim construction order will be computed from the date of the last claim construction order.
`
`
`
`2
`
`
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