Free Scheduling Order - District Court of Delaware - Delaware

Case 1:07-cv-00049-JJF Document 25 Filed 05/O1/2007 Paget of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FCI USA, INC. and g
FCI AMERICAS TECHNOLOGY, INC., )
Plaintiffs, g . I .
) Civil Action No. l:07—CV-00049 (JJF)
MOLEX INCORPORATED, g
Defendant. g
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The parties having satisfied their obligations under Fed. R. Civ. P. 26(I),
IT IS ORDERED that:
1. Pre—Discovery Disclosures. The parties will exchange by April 30, 2007, the
information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions to join other parties shall be filed by
August 3, 2007.
3. Discovery.
(a) Exchange and completion of contention interrogatories and identification of
fact witnesses shall be commenced so as to be completed by October 31, 2007. Documents shall
be produced on an ongoing basis as agreed by the parties, but document production shall be
completed by October 31, 2007. The patties will produce reasonably accessible electronic
documents falling within the scope of their respective document requests in searchable TIFF or
PDF fonnat unless otherwise agreed. The parties need not search electronic backup tapes for
such documents and need not attach metadata to such documents, but the parties will take

Case 1:07-cv-00049-JJF Document 25 Filed 05/O1/2007 Page 2 of 4
appropriate steps to preserve existing metadata and electronic backup tapes and either party may
request the same at a later date for good cause. The parties may agree separately to limit further
the scope of electronic discovery by limiting collection to agreed-upon designated custodians
and/or by screening documents to be produced using agreed-upon key words or other search
tools.
fb) Maximum of 40 interrogatories, including contention interrogatories, for each
side.
(c) Maximum of 50 requests for admission by each side.
(d) Maximum of 15 depositions, excluding expert depositions but including Rule
30(b)(6) depositions. Rule 30(b)(6) depositions which extend beyond one day shall be counted
as one deposition for each clay of the deposition. Unless otherwise agreed, depositions shall not
commence until the discovery required by Paragraph 3(a, b and c) is completed. Fact discovery
shall be completed on or before January 3l, 2008.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2). Opening
expert reports on issues for which a party bears the burden of proof due by March 3, 2008.
Rebuttal expert reports due on April 10, 2008.
(f) Any party desiring to depose an expert witness shall notice and complete said
deposition by May 15, 2008.
4. Non-Case Dispositive Motions.
(a) Any non-case dispositive motion, along with an Opening Brief} shall be tiled
with a Notice of Motion. The Notice of Motion shall indicate the date on which the movant seeks
to have the motion heard. The date selected shall be within 30 days of the tiling of the motion
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Case 1:07-cv-00049-JJF Document 25 Filed 05/O1/2007 Page 3 of 4
and allow for briefing in accordance with the Federal and Local Rules. Available motion dates
will be posted on the Court’s website at¤.vwvv.ded.uscourts.gov.
(b) At the motion hearing, each side will be allocated twenty (20) minutes to
argue and respond to questions from the Court.
(c) Upon filing of the Notice of Motion, a copy of said Notice shall be sent to
Chambers by—email at: iif [email protected].
(d) Motions in Iimine to be filed and briefed so that all briefing is complete at
least five business days before the Pretrial Conference.
5. Amendment of the Plcadings. All motions to amend the pleadings shall be filed
on or before August 31, 2007.
6. Case Dispositive Motions. Any case dispositive motions, pursuant to the Federal
Rules of Civil Procedure, shall be served and filed with an opening brief on or before March l,
2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be filed
more than ten (10) days from the above date without leave of the Court. The Court will issue a
separate Order regarding procedures for filing summary judgment motions.
7. Markman. A Markman Hearing will be held on December 14, 2007, or as soon
thereafter as the Court’s schedule permits. Parties to identify and exchange claim terms/phrases
to be construed by the Court on September I5, 2007 and exchange proposed claim constructions
on October 1, 2007. Opening claim construction briefs to be filed by October 22, 2007 and
responsive briefs to be filed by November 29, 2007. Briefing on the claim construction issues
shall be completed at least ten (10) business days prior to the hearing. The Court, after
reviewing the briefing, will allocate time to the parties for the hearing.
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Case 1:07-cv-00049-JJF Document 25 Filed 05/O1/2007 Page 4 of 4
8. Applications by Motion.
(a) Any applications to the Cotut shall be by written motion filed with the Clerk
of the Court in compliance with the Federal Rules of Civil Procedure and the Local Rules of
Civil Practice for the United States District Court for the District of Delaware (Amended
Effective January 1, 1995). Any non-dispositive motion shall contain the statement required by
D. Del. LR 7.1.1 and be made in accordance with the Court’s December 15, 2006 Order on
Procedures for Filing Non-dispositive motions in Patent Cases. Parties may tile stipulated and
unopposed Orders with the Clerk of the Court for the Court’s review and signing. The Court will
not consider applications and requests submitted by letter or in a form other than a motion.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.
(d) Any party with a true emergency matter requiring the assistance of the Court
shall e-mail Chambers at: [email protected]. The e-mail shall provide a short statement
describing the emergency.
9. Pretrial Conference and Trial.
(a) A Pretrial Conference will be held on 3/km · 5 Q} | l Bo Aria .
(b) Trial will cornmcnce on {VL`; fj )_;j>;;¤8 _
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