Opinion
Civil Action No. 11-cv-01494-PAB
08-11-2011
OTTER PRODUCTS, LLC, a Colorado Limited Liability Company, Plaintiff, v. GLOBAL CELLULAR, INC., a Georgia Corporation, and CELLAIRIS FRANCHISE, INC., a Georgia corporation, Defendants.
Judge Philip A. Brimmer
ORDER SETTING HEARING UNDER FED. R. CIV. P. 16
This matter comes before the Court upon a Complaint filed by the Plaintiff alleging the infringement of a patent. In light thereof, a hearing pursuant to Fed. R. Civ. P. 16 is appropriate. It is
ORDERED that:
1. A hearing is set for August 22, 2011 at 1:30 p.m. in Courtroom A701 at the United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel shall bring their calendars. This is not a scheduling conference. The parties should not submit a proposed scheduling order.
2. Out of town counsel are encouraged to appear by telephone given the short duration of these hearings. Any counsel who wishes to appear by telephone for the hearing shall notify Chambers at (303) 335-3794 in advance of the hearing to arrange for telephonic appearance.
3. Prior to the hearing, the parties shall meet and confer about the following issues and be prepared to address them at the hearing:
• Whether there are issues of claim construction.
• Whether a hearing will be required under Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996).
• If a Markman hearing is required, whether discovery is necessary prior to such hearing. If so, what discovery is required. (This hearing does not substitute for a scheduling conference before the Magistrate Judge.)
• Whether there are any other issues or impediments to the setting of a Markman hearing.
• Other appropriate issues enumerated in Fed. R. Civ. P. 16(c).
BY THE COURT:
PHILIP A. BRIMMER
United States District Judge