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California Expanded Metal Products Co. v. Klein

United States District Court, W.D. Washington, Seattle

May 7, 2019

CALIFORNIA EXPANDED METAL PRODUCTS COMPANY, a California corporation; and CLARKWESTERN DIETRICH BUILDING SYSTEMS LLC, dba CLARKDIETRICH BUILDING SYSTEMS, an Ohio limited liability company Plaintiffs,
v.
JAMES A. KLEIN, an individual; BLAZEFRAME INDUSTRIES, LTD, a Washington Company, and SAFTI-SEAL, INC., a Washington company, Defendants.

          TROJAN LAW OFFICES, R. Joseph Trojan (pro hac vice) Beverly Hills, CA Attorney for Plaintiff, CALIFORNIA EXPANDED METAL PRODUCTS COMPANY

          Brian G. Bodine, LANE POWELL PC, Attorney for Plaintiff, CALIFORNIA EXPANDED METAL PRODUCTS COMPANY

          Ann G. Schoen (pro hac vice) FROST BROWN TODD LLC, Attorney for Plaintiff, CLARK WESTERN DIETRICH BUILDING SYSTEMS LLC

          Robert J. Carlson, LEE & HAYES PLLC, Attorney for Plaintiff, CLARKWESTERN DIETRICH BUILDING SYSTEMS LLC

          Patrick C. Bageant HOLLYSTONE LAW Thomas E Loop LOOP INTELLECTUAL PROPERTY LAW, Thomas J. Lloyd, III (pro hac vice) Greener Burke Shoemaker Oberrecht PA Attorneys for Defendants.

          STIPULATED MOTION AND ORDER TO EXTEND DISCOVERY CUT-OFF

          Honorable James A. Robart, United States District Judge.

         Pursuant to Local Civil Rule 16(b)(5), and subject to the Court's approval, Plaintiffs California Expanded Metal Products Company ("CEMCO") and Clarkwestern Dietrich Building Systems LLC, d.b.a. Clark Dietrich Building Systems ("Clark Dietrich") (collectively "Plaintiffs"), and Defendants James A. Klein, BlazeFrame Industries, Ltd., and Safti-Seal, Inc. (collectively, "Defendants"), by and through their counsel of record, move the Court to extend Discovery cut-off from June 28, 2019 to July 29, 2019 and related dates as set forth below. The requested extension will not affect the Dis positive Motion cut-off of August 6, 2019, the Pretrial conference set for November 25, 2019, or the Trial scheduled for December 2, 2019. Good cause exists for the extension as follows.

         STIPULATED MOTION TO EXTEND DISCOVERY CUT-OFF

         Based on the Court's recent Claim Construction Order, Plaintiffs request an extension of the Discovery cut-off because Plaintiffs will file a motion for partial summary judgment on their patent infringement claims by May 10, 2019, [1]the result of which could partially obviate the need for expert discovery.

         More specifically, on April 17, 2019 the Court issued a 35-page Claim Construction Order, construing in detail the four patents at issue.[2] (Dkt. #98.) In light of the Court's Claim Construction Order, Plaintiffs diligently requested to meet and confer on the summary judgment motion on April 25, 2019, and the Parties met and conferred on May 2, 2019. (Declaration of Dylan C. Dang, ¶l.) Plaintiffs anticipate filing the summary judgment motion on or by May 10, 2019, with a Noting Date of June 7, 2019.

         Under the Court's Scheduling Order, opening expert reports are also due on May 10, 2019. (Dang Deck, ¶2.) If Plaintiffs prevail on the patent infringement claims, it would obviate the need for the Parties to retain technical experts to opine on infringement. (Patent validity is not at issue in the case. (Dkt. #91).) The Parties could thus devote their resources and focus their efforts on the preparation of expert reports on the issue of damages. On the other hand, if the patent infringement claims are not resolved on summary judgment, the Parties request an extension of discovery to address the issues pertaining to both patents and damages.

         Thus, subject to the Court's approval, the Parties have stipulated to extending the deadlines for discovery as follows:

Event

Current Date

Proposed Date

Opening Expert Reports due

May 10, 2019

June 17, 2019

Rebuttal Expert Reports due

June 7, 2019

July 15, 2019

Discovery cut-off

June 28, 2018

July 29, 2019

Dis positive motions (and motions challenging expert witness testimony) due

August 6, 2019

Unchanged

Pretrial conference

November 25, 209

Unchanged

Trial conference

December 2, 2019

Unchanged

         The requested extension will not affect the other dates in the case. As Plaintiffs intend to file a dis positive motion well before the August 6, 2019 deadline, the extension of expert discovery will not likely have any impact on the dis positive motion cut-off deadline. The trial scheduled at the end of the year will also not be affected. Therefore, ...


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