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Tuesday, October 16, 2018 11:54:43 PM
We're in a period where WDDD and Bungie are, theoretically, working to come to terms on the procedure for the remand trial, as outlined below, before the teleconference with the panel of judges.
Quote:
Parties in remanded trial cases are to contact the Board within ten (10)
business days after the mandate issues to arrange a teleconference with the panel.
Before the teleconference, the Parties shall meet and confer in a reasonable and good faith attempt to propose a procedure on remand. Parties are encouraged to seek agreement, if possible, on remand procedures including, but not limited to:
(1) whether additional briefing is necessary;
(2) subject matter limitations on briefing;
(3) length of briefing;
(4) whether the parties should file briefs concurrently or sequentially; (5) if briefs are filed sequentially, which party should
open the briefing;
(6) whether a second brief from either party should be permitted;
(7) the briefing schedule;
(8) whether either party should be permitted to supplement the evidentiary record;
(9) limitations, if any, on the type of additional evidence that will be submitted;
(10) the schedule for submitting additional evidence, if any; and
(11) any other relevant procedural issues. Teleconferences with the panel should take place within the first month after the mandate.
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