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Tuesday, September 29, 2009 8:29:18 PM
I would have to respectfully disagree. If it was to be filed then why "submit" the claim chart to the court on disc and then "submit" the briefs to ECF for filing. There may not be a "legal" distiction, but none the less there is a distiction. The question is, is it significant. Scheduling orders do not usually contain "submittal" deadlines, but confidential position papers are usually submitted to the court and not filed. The point is I find it odd that the due dates are not discussed in terms of filing deadlines.
As you said, there may not be a difference, but we are only guessing why we have not seen the expected filing yet. Maybe the parties needed more time and that was the only excuse they thought the court would bite on. Who knows, but your theory is still a good one.
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