Some speculation on the trial delay.
This morning I was consolidating the Pacer listings ahead of our visit to the court house tomorrow. I noticed a 'possible' connection between the Motions in Limine and the trial delay. Here's what's in Pacer.
7/8/02 677 SCHEDULING ORDER setting Jury trial set for 2/10/03; Proposed pretrial order due 1/6/03 ; Pretrial materials due on 12:00 11/4/02 ( Signed by Senior Judge Barefoot...
(Notice that Sanders gave himself 7 months to get ready for the trial).
12/26/02 704 AGREED ORDER..Ordered that the time for the parties to file motions in limine is extended from January 6, 2003 until noon, January 13, 2003. It is further ordered that the time for parties to file responses to such motions in limine is extended from January 16, 2003 to January 21, 2003.
(Note that the key dates are Jan. 13 and Jan. 21.)
1/13/03 728 MOTION by plaintiff Ericsson Radio, plaintiff Ericsson-GE Mobile to extend the page limitation on its motions in limine and arguments in support. (3) (cxb)
1/13/03 729 UNOPPOSED MOTION by defendant Interdigital Communications, defendant Interdigital Technology to extend the page limitation for motion in limine and brief in support thereof. (2)
(Note; the two parties both file for extensions of page limits on the day the motions in limine are due. Seems curious that they would both wait until the last day before requesting extensions. In fact, I think the extended MiL were filed on Jan. 13 - from memory, no other filings were due on that date. See filings below:)
1/13/03 722 SEALED DOCUMENT placed in sealed area (svc)
1/13/03 723 SEALED DOCUMENT placed in sealed area (svc)
1/13/03 724 SEALED DOCUMENT placed in sealed area (svc)
1/13/03 725 SEALED DOCUMENT placed in sealed area (svc)
1/13/03 726 SEALED DOCUMENT placed in sealed area (svc)
1/13/03 727 SEALED DOCUMENT placed in sealed area (svc)
(The responses to motions in limine were due on Jan. 21. The relevant filings are probably in here:)
1/22/03 734 SEALED DOCUMENT placed in sealed area (svc)
1/24/03 735 SEALED DOCUMENT placed in sealed area (svc)
1/24/03 736 SEALED DOCUMENT placed in sealed area (svc)
My theory is that after Judge Lynn got sight of the extended motions in limine on Jan. 13, she realized the scope of work involved (and the significance as Loop has alluded to), so she took the opportunity to give herself more time on the MiL and moved the trial back and also gave mediation more time to work.
1/14/03 -- Tele-conference held. (cxb) [Entry date 01/15/03]
1/14/03 731 Minute order: telephone conference held before Judge Barbara M. G. Lynn. Court reporter: Sue Engledow. Telephone conference was held before the Court to discuss the trial setting. Order to enter. (1) (cxb) [Entry date 01/15/03]
1/15/03 732 ORDER. The current trial setting in this case is set aside, and this case is reset. Scheduling order deadlines: Jury trial reset for May 15, 2003; Pretrial conference is reset for April 28-29, 2003 at 9:00 a.m. (by Judge Barbara M. G. Lynn) Copies to counsel:
My speculation is that the Judge doesn't want this case to tie up the court for weeks-months plus the inevitable appeals, etc. So she's giving IDCC and Ericsson more time to settle. Also, she's holding the Sword of Damacles (triple damages) over E's head.
Just speculation on my part but fits some of the 'facts'. JK
AI
