`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C. 20436
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`Before the Honorable Charles E. Bullock
`Chief Administrative Law Judge
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`
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`In the Matter of
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`CERTAIN BACKPACK CHAIRS
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` Investigation No. 337-TA-1062
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`JOINT PROPOSED PROCEDURAL SCHEDULE
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`Pursuant to Order No. 3: Order Setting Target Date and Date for Submission of Proposed
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`Procedural Schedule (July 31, 2017), Complainant Rio Brands, LLC and Respondent GCI
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`Outdoor, Inc., by and through their respective counsel, hereby submit the following Proposed
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`Procedural Schedule.
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` Event
`First settlement conference (on or before)
`Submission of first settlement conference joint report
`Attendance at one-day mediation session (on or before)
`Submission of joint report on mediation
`File identification of expert witnesses, including their
`expertise and curriculum vitae
`File notice of prior art
`File tentative list of witnesses a party will call to testify at the
`hearing, with an identification of each witness’ relationship to
`the party
`Final Supplement of Contention Interrogatories upon which
`the party carries the burden of proof
`Final Supplement of Contention Interrogatories on all other
`issues
`Fact discovery cut-off and completion
`Second settlement conference (on or before)
`Submission of second settlement conference joint report
`Exchange of initial expert reports (identify tests/surveys/data)
`Exchange of rebuttal expert reports
`Expert discovery cut-off and completion
`Deadline for filing summary determination motions
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`1
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`Date
`8/16/17
`8/22/17
`10/16/17
`10/20/17
`10/20/17
`11/3/17
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`11/7/17
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`11/17/17
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`11/22/17
`12/6/17
`12/8/17
`12/12/17
`12/13/17
`12/22/17
`1/9/18
`1/12/18
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` Event
`Deadline for motions to compel discovery
`Exchange of exhibit lists among the parties
`Submit and serve direct exhibits (including witness
`statements), with physical and demonstrative exhibits
`available – Complainant and Respondent
`Submit and serve rebuttal exhibits (including witness
`statements), with rebuttal physical and demonstrative exhibits
`available – all parties
`File requests for receipt of evidence without a witness
`File prehearing statements and briefs – Complainants and
`Respondents
`Deadline for motions in limine
`File high priority objections statement
`File responses to high priority objections statement
`File responses to motions in limine
`Prehearing Conference & Tutorial (if necessary)
`Trial
`File initial post-trial briefs, proposed findings of fact and
`conclusions of law, and final exhibit lists
`File reply post-trial briefs
`Initial Determination due
`Target date for completion of Investigation
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`Date
`1/18/18
`1/25/18
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`1/30/18
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`2/12/18
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`2/16/18
`2/21/18
`2/23/18
`2/23/18
`3/5/18
`3/5/18
`3/12/18
`3/12/18 – 3/16/18
`3/30/18
`4/13/18
`7/12/18
`11/12/18
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`
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`Joint Proposal:
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`The Parties seek leave from the Chief ALJ to forgo the filing and service of specific
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`objections to direct exhibits and rebuttal exhibits, including physical exhibits and demonstrative
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`exhibits, and responses thereto. The Parties wish, however, to maintain the right to raise any
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`objection to the admissibility of any exhibit through a high priority objection, a motion in limine,
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`or an opposition to a request for receipt of evidence without a sponsoring witness. Further, the
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`Parties request that the Chief ALJ preserve the Parties’ right to object to the admissibility of any
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`direct exhibit or rebuttal exhibit at the evidentiary hearing based upon any ground. The Parties
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`submit that this approach will minimize the number of objections to exhibits and the resulting
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`burden on the parties to identify and respond to these objections, reduce the number of issues for
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`the Chief ALJ to rule upon, and streamline the evidentiary hearing. Similar requests to
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`2
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`streamline the objection process have been granted in recent investigations. See Certain Activity
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`Tracking Devices, System, and Components Thereof, Inv. No. 337-TA-963, Order No. 5 (Sept.
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`29, 2015) (issuing a procedural schedule without deadlines for specific objections and responses
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`thereto); Certain Wireless Consumer Elec. Devices & Components Thereof, Inv. No. 337-TA-
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`853, Order No. 41 (May 9, 2013) (granting joint motion to amend procedural schedule to forgo
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`filing and service of objections to exhibits while preserving parties’ rights to raise objections);
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`Certain Omega-3 Extracts from Marine or Aquatic Biomass & Prods. Containing the Same, Inv.
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`337-TA-877, Order No. 36 (Nov. 22, 2013) (same).
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`If the Chief ALJ determines that it is more appropriate to include dates for specific
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`objections to direct exhibits and rebuttal exhibits, including physical exhibits and demonstrative
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`exhibits, and responses thereto, however, the Parties have agreed to the following dates:
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`1. File Objections to Direct Exhibits (including witness statements) – February 9, 2018;
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`2. File Response to Objections to Direct Exhibits (including witness statements) –
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`February 16, 2018;
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`3. File Objections to Rebuttal Exhibits (including witness statements) – February 19,
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`2018; and
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`
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`4. File Response to Objections to Rebuttal Exhibits (including witness statements) –
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`February 26, 2018.
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`3
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`Dated: August 8, 2017
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`Respectfully submitted,
`
`/s/ Austen C. Endersby
`Gerard P. Norton
`Christopher R. Kinkade
`Nancy E. Halpern
`Cali R. Spota
`FOX ROTHSCHILD LLP
`Princeton Pike Corporate Center
`997 Lenox Drive
`Lawrenceville, NJ 08648-2311
`Tel: (609) 896-3600
`Fax: (609) 896-1469
`Email: gnorton@foxrothschild.com
`ckinkade@foxrothschild.com
`nhalpern@foxrothschild.com
`cspota@foxrothschild.com
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`
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`
`
`Jonathan R. Lagarenne
`FOX ROTHSCHILD LLP
`1225 17th Street, Suite 2200
`Denver, CO 80202
`Tel: (303) 292-1200
`Fax: (303) 292-1300
`Email: jlagarenne@foxrothschild.com
`
`Jeff E. Schwartz
`Austen C. Endersby
`FOX ROTHSCHILD LLP
`1030 15th Street, N.W., Suite 380 East
`Washington, DC 20005
`Tel: (202) 461-3118
`Fax: (202) 461-3102
`Email: jeschwartz@foxrothschild.com
`aendersby@foxrothschild.com
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`
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`/s/ Gary M. Hnath
`Gary M. Hnath
`Bryan Nese
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006-1101
`Tel: (202) 263-3000
`Fax: (202) 263-3300
`Email: ghnath@mayerbrown.com
` bnese@mayerbrown.com
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`Counsel for Respondent GCI Outdoor, Inc.
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`Counsel for Complainant Rio Brands, LLC
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`4
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`CERTAIN BACKPACK CHAIRS
`
`Inv. No. 337-TA-1062
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`
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`CERTIFICATE OF SERVICE
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`I, Austen C. Endersby, hereby certify that on August 8, 2017, a copy of the foregoing was
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`filed via EDIS and was served as indicated on the parties listed below:
`
`
`The Honorable Lisa R. Barton
`Secretary, Office of the Secretary
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, SW, Room 112-F
`Washington, DC 20436
` (202) 205-2000
`
`
`
`The Honorable Charles E. Bullock
`Chief Administrative Law Judge
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street, SW, Room 317
` Washington, DC 20436
`
`
`
` Counsel for Respondent GCI Outdoor, Inc.
` Gary M. Hnath
` Bryan Nese
` MAYER BROWN LLP
` 1999 K Street, NW
` Washington, DC 20006-1101
` Email: ghnath@mayerbrown.com
` bnese@mayerbrown.com
`
`
`
`
`
`
` Via First Class Mail
` Via Hand Delivery
` Via Courier
` Via Electronic Mail
` Via EDIS
`
`
`
` Via First Class Mail
` Via Hand Delivery
` Via Courier
` Via Electronic Mail at
` Irina.Kushner@usitc.gov
` Via EDIS
`
`
`
`
`
`
` Via First Class Mail
` Via Hand Delivery
` Via Courier
` Via Electronic Mail
` Via EDIS
`
`
` /s/ Austen C. Endersby
`Austen C. Endersby
`
`
`
`