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`Case 1:19-cv-00859-RTH Document 60 Filed 11/02/21 Page 1 of 3
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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
`
`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
`
`Plaintiffs,
`
`C.A. No. 19-859-RTH
`
`v.
`
`THE UNITED STATES OF AMERICA,
`
`Defendant.
`
`PLAINTIFFS’ UNOPPOSED MOTION TO AMEND THE
`SCHEDULING ORDER
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`Plaintiffs e-Numerate Solutions, Inc., and e-Numerate, LLC (collectively “e-Numerate” or
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`“Plaintiffs”) hereby moves this Court to amend the current Scheduling Order (D.I. 59) in this
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`matter in light of a medical condition incurred by a member of Plaintiffs’ trial team. The parties
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`met and conferred and Defendant United States (the “Government”) does not oppose this motion.
`
`In support thereof, Plaintiffs aver as follows.
`
`WHEREAS a member of Plaintiffs’ trial team was diagnosed with COVID-19 on or about
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`October 28, 2021;
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`WHEREAS the member of Plaintiffs’ trial team must quarantine in light of the positive
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`diagnosis;
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`WHEREAS the member of Plaintiffs’ trial team is materially involved in the claim
`
`construction proceedings in this matter;
`
`WHEREAS Plaintiffs may suffer prejudice absent the involvement of the trial team
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`member in the review and the preparation of the claim construction proceedings;
`1
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`Case 1:19-cv-00859-RTH Document 60 Filed 11/02/21 Page 2 of 3
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`WHEREAS the Government does not object to the extension of deadlines based on the
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`medical condition set forth herein or the schedule listed below but respectfully maintains that the
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`present motion should be adjudged at the same time as that of Plaintiffs’ anticipated follow-on
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`(opposed) motion to invert the order of claim construction briefing. The Government objects to
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`the injection of six weeks into the schedule to the extent that time is then used by Plaintiffs to argue
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`that there is sufficient time to invert that order and notes that the proposed schedule herein even
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`allows Plaintiffs a second opportunity to provide constructions for terms that the Government
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`previously identified.
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`WHEREFORE, Plaintiffs respectfully move this Court to amend the Scheduling Order as
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`follows, which the Government does not oppose:
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`EVENT
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`PRIOR DEADLINE
`
`NEW DEADLINE
`
`Plaintiffs provide
`constructions for terms
`identified by the
`Government on 8
`October 2021
`Parties disclose
`extrinsic evidence they
`may rely upon for
`claim construction
`Deadline to meet and
`confer to narrow terms
`in dispute and
`exchange revised claim
`constructions
`Plaintiffs file their
`opening claim
`construction brief
`The Government files
`its responsive claim
`construction brief
`Plaintiffs file their
`reply claim
`construction brief
`
`22 October 2021
`
`19 November 2021
`
`5 November 2021
`
`3 December 2021
`
`19 November 2021
`
`19 December 2021
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`3 December 2021
`
`14 January 2022
`
`7 January 2022
`
`18 February 2022
`
`21 January 2022
`
`4 March 2022
`
`2
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`
`
`
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`
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`Case 1:19-cv-00859-RTH Document 60 Filed 11/02/21 Page 3 of 3
`
`The Government files
`it sur-reply claim
`construction brief
`The parties submit the
`joint claim
`construction statement
`and propose dates for
`the Markman hearing
`in the first half of
`January
`If desired, parties may
`submit joint technical
`tutorial to the Court
`Markman Hearing
`
`Deadline for the
`government to produce
`technical documents
`for additional agencies
`named in the second
`amended complaint.
`
`
`
`
`Dated: November 2, 2021
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`
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`
`
`11 February 2022
`
`18 March 2022
`
`18 February 2022
`
`25 March 2022
`
`25 February 2022
`
`1 April 2022
`
`To be scheduled
`
`To be scheduled
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`7 March 2022
`
`15 April 2022
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`
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`Respectfully submitted,
`
`/s/ Sean T. O’Kelly
`Sean T. O’Kelly
`Gerard M. O’Rourke
`O’KELLY & O’ROURKE, LLC
`824 N. Market Street, Suite 1001A
`Wilmington, DE 19801
`302-778-4000
`sokelly@okorlaw.com
`gorourke@okorlaw.com
`
`Attorneys for Plaintiffs
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`3
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