Case 3:17-cv-07088-AGT Document 123 Filed 09/25/19 Page 1 of 3
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`DODOCASE VR, INC., et al.,
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`Case No.17-cv-07088-EDL
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`Plaintiffs,
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`v.
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`MERCHSOURCE, LLC, et al.,
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`Defendants.
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`ORDER GRANTING JOINT MOTION
`TO LIFT STAY AND MODIFY CASE
`SCHEDULE
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`Re: Dkt. No. 122
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`Having considered the parties’ Joint Motion to Lift Stay and Modify Case Schedule, Dkt.
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`No. 122, the Court hereby GRANTS the parties’ motion and lifts the stay in the case. The Court
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`refers this action to the Alternative Dispute Resolution (ADR) Unit for mediation. The Court
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`modifies the case schedule as follows:
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`Proposed Deadline
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`Event
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`October 8, 2019
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`October 8, 2019
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`October 8, 2019
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`November 8, 2019
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`Defendants to move, plead, answer or otherwise respond to
`Plaintiffs’ Second Amended Complaint (ECF 98)
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`Parties to supplement Rule 26 Disclosures
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`Parties to respond to all outstanding discovery reasonably
`related to the contract issues1, including production of all
`documents responsive thereto
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`The parties’ cross-motions regarding:
`When MerchSource provided sufficient Lear
`1.
`notice; and
`Whether a sufficient Lear notice applies
`2.
`during the Sell-Off period under the MLA.
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`November 22, 2019
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`The parties’ oppositions to Lear motions
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`1 This deadline does not limit the scope of additional discovery that may be served (including
`upon third parties) or relieve the parties of the obligation to respond to other outstanding discovery
`requests; however, the parties agree to meet and confer in good faith to discuss deadlines to
`comply with non-contract discovery.
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`United States District Court
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`Case 3:17-cv-07088-AGT Document 123 Filed 09/25/19 Page 2 of 3
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`Proposed Deadline
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`Event
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`December 2, 2019
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`The parties’ replies in support of their Lear motions
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`January 24, 2020 – or as soon
`thereafter as the Parties may be
`heard
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`Hearing on Lear motions
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`7 days after ruling on Lear
`motions (unless modified)
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`Deadline for parties to file motion to join parties or amend
`pleadings
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`7 days after ruling on Lear
`motions (unless modified)
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`Parties to file status report regarding impact of ruling on
`Lear motions and proposing dates certain for remaining
`activities
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`Within 30 days after ruling on
`Lear motions
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`Mediation with N.D. Cal. ADR Unit
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`30 days after ruling on Lear
`motions (unless modified)
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`Plaintiffs’ amended infringement contentions and priority
`contentions chart
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`47 days after ruling on Lear
`motions (unless modified)
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`Defendants’ invalidity contentions
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`61 days after ruling on Lear
`motions (unless modified)
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`Patent Local Rule 4-1 - Parties exchange proposed terms for
`construction
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`77 days after ruling on Lear
`motions (unless modified)
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`Patent Local Rule 4-2 - Parties exchange proposed claim
`constructions
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`92 days after ruling on Lear
`motions (unless modified)
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`Patent Local Rule 3-8 – Damages contentions
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`102 days after ruling on Lear
`motions (unless modified)
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`Patent Local Rule 4-3 – Parties to file joint claim
`construction and prehearing statement
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`122 days after ruling on Lear
`motions (unless modified)
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`132 days after ruling on Lear
`motions (unless modified)
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`147 days after ruling on Lear
`motions (unless modified)
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`161 days after ruling on Lear
`motions (unless modified)
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`168 days after ruling on Lear
`motions (unless modified)
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`Patent Local Rule 3-9 – Responsive damages contentions
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`Deadline to complete claim construction discovery
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`Opening claim construction brief
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`Responsive claim construction brief
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`Reply claim construction brief
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`At the Court’s convenience
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`Claim construction technology tutorial
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`At the Court’s convenience
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`Claim construction hearing
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`Case 3:17-cv-07088-AGT Document 123 Filed 09/25/19 Page 3 of 3
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`IT IS SO ORDERED.
`September 25, 2019
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`Dated:
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`ELIZABETH D. LAPORTE
`United States Magistrate Judge
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