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Re: ellismd post# 12807

Friday, 03/14/2003 12:16:55 PM

Friday, March 14, 2003 12:16:55 PM

Post# of 433023
ellis: the same thoughts occurred to me so I went back to study the post-Markman timeline and Pacer filings. Here's what I've got so far plus, FWIW, my interpretation.


Sep 00 SM Final Report
Judge now gives the parties time to reevaluate their positions but no agreement is reached

Jul 01 Mediation ordered
Some progress made, but not enough. Then, almost one year later

Jun 02 Judge Sanders rules on certain pre-trial motions
JS applies pressure on the parties

Jul 02 Trial date set for Feb 10, 03
Judge tired of waiting for settlement

Oct 30 02 HRS whips E

Dec 12 02 Case transferred to Judge Lynn
This couldn't have been a 'spur of the moment' decision. At least, the Judges must have confered about the scope of work and timing.

Dec 13 02 Trial schedule and date reconfirmed by Judge Lynn

Dec 19 02 Judge Lynn sets Final Pretrial Conference for Jan 27
By this time, JL has had at least one week to study whether she can get ready by Feb. 10 and decides to set the FPC

Dec 26 02 Judge agrees to extend time for Motions in Limine
This is 2 weeks after JL took over; more time for her to decide if she can get ready by Feb 10.

Dec 27 02 Judge resets FPC to Jan 28 and adds...'The Court will consider at that time pretrial motions not previously decided'
JL has no doubts that she can be ready for Feb 10

Jan 10 03 Telephone conference with parties discussing alignment and trial setting (JKJ: I believe that the word 'setting' means timing, see Jan 15 filing)

Jan 14 03 Telephone conference with parties discussing trial setting (note, not alignment)

Jan 15 03 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. FPC reset to April 28-29, 2003"


FWIW, my observation of Judge Lynn is that she is a super-intelligent judge. I don't think that she would make the elementary mistake of committing a lot of resources to the Feb 10 trial date and then rescheduling to May 15 because she initially 'underestimated' the amount of preparation time. I could be wrong but I don't think so. Something significant caused her to reset the timing, IMO, a settlement's being brewed. JK
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