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`Case 1:19-cv-00859-RTH Document 62 Filed 11/08/21 Page 1 of 3
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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
`
`Plaintiffs,
`
`C.A. No. 19-859-RTH
`
`v.
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`THE UNITED STATES OF AMERICA,
`
`Defendant.
`
`PLAINTIFFS’ 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. 57) in this
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`matter in light of changes in Judge Albright’s Order Governing Proceedings – Patent Cases that
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`alters the order in which the parties submit claim construction briefing. The parties met and
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`conferred, and the Government opposes this motion. In support thereof, Plaintiffs aver as follows.
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`WHEREAS this Court has expressed a preference for following Judge Albright’s claim
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`construction procedure in this matter (D.I. 36 & 54);
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`WHEREAS Judge Albright has amended his Standing Order to require the defendants to
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`submit the initial claim construction brief via Orders dated June 24, 2021, and October 8, 2021
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`(Exs. A & B);
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`WHEREAS the parties are proceeding towards submission of the initial claim construction
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`briefs in this matter and ample time remains for the United States to prepare and file the first brief
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`(due in mid-January) in accordance with Judge Albright’s revised Standing Order.
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`1
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`Case 1:19-cv-00859-RTH Document 62 Filed 11/08/21 Page 2 of 3
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`WHEREAS Plaintiffs have filed an unopposed motion to amend the scheduling order that
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`has not, as yet, been ruled upon.
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`WHEREFORE, Plaintiffs respectfully move this Court to amend the Scheduling Order as
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`follows:
`
`EVENT
`
`Plaintiffs provide
`constructions for terms
`identified by the
`Government
`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
`Government files its
`opening claim
`construction brief
`Plaintiffs file their
`responsive claim
`construction brief
`Government file their
`reply claim
`construction brief
`Plaintiffs file their sur-
`reply claim
`construction brief
`The parties submit the
`joint claim
`construction statement
`and propose dates for
`the Markman hearing
`If desired, parties may
`submit joint technical
`tutorial to the Court
`Markman Hearing
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`PRIOR DEADLINE
`
`NEW DEADLINE
`
`N/A
`
`19 November 2021
`
`5 November 2021
`
`3 December 2021
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`19 November 2021
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`19 December 2021
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`3 December 2021
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`14 January 2022
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`7 January 2022
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`18 February 2022
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`21 January 2022
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`4 March 2022
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`11 February 2022
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`18 March 2022
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`18 February 2022
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`25 March 2022
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`25 February 2022
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`1 April 2022
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`To be scheduled
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`To be scheduled
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`2
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`Case 1:19-cv-00859-RTH Document 62 Filed 11/08/21 Page 3 of 3
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`Deadline for the
`government to produce
`technical documents
`for additional agencies
`named in the second
`amended complaint.
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`
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`Dated: November 8, 2021
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`
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`7 March 2022
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`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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