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Re: clawmann post# 174554

Wednesday, 06/10/2009 10:54:31 AM

Wednesday, June 10, 2009 10:54:31 AM

Post# of 326388
Claw, do you have an opinion as to where the case might stand as far as discovery is concerned. From the docket back in 2007, close of discovery was previously ordered by Judge Sprizzo then subsequently the parties agreed to stay the case pending USPTO review of the 048 patent. Now that the stay has passed will discovery be extended or would the previous deadline still stand? TIA

U.S. District Court
United States District Court for the Southern District of New York (Foley Square - Suspense)
CIVIL DOCKET FOR CASE #: 2:04-cv-03026-RJH

11/09/2007 40 STIPULATION AND ORDER; the parties respectfully request that the Court (1) place this action on the suspense docket for six months, (2) adjourn all scheduled deadlines in this action, and (3) set a status conference for a date approximately five months from now. The parties shall submit a joint status report to the Court ten days before the status conference. In the event that this action is not re-activated by the Court or by motion of either party on or before such date that is six months from the "So Ordered" date of this Stipulation and Order, this action shall remain on the suspense calendar and shall not automatically be dismissed. Pretrial Conference set for 4/10/2008 at 03:00 PM before Judge John E. Sprizzo. (Signed by Judge Peter K. Leisure, Part I on 11/07/07) (ae) (Entered: 11/13/2007)

09/11/2007 39 STIPULATION AND ORDER that the close of fact discovery is extended to 11/16/07 and expert discovery to 12/14/07; Markman hearing set fpr 1/15-17/08. Fact Discovery due by 11/16/2007. (Signed by Judge John E. Sprizzo on 9/4/07) (cd) (Entered: 09/11/2007)

07/26/2007 38 STIPULATION AND ORDER: Close of fact discovery: 9/14/2007; Close of expert discovery due by 10/15/2007; Markman Hearing: 11/13/2007 (currently set). (Signed by Judge John E. Sprizzo on 7/19/2007) (jar) (Entered: 07/27/2007)

02/07/2007 Set Deadlines/Hearings: Discovery due by 7/30/2007., Markman Hearing set for 11/13/2007 11:00 AM before Judge John E. Sprizzo. (js) (Entered: 02/08/2007)

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