Case 1:19-cv-00859-RTH Document 64 Filed 11/09/21 Page 1 of 3
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`In the United States Court of Federal Claims
`No. 19-859
` (Filed: 9 November 2021)
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`E-NUMERATE SOLUTIONS, INC., and
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`E-NUMERATE, LLC,
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`Plaintiffs,
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`v.
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`THE UNITED STATES,
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`Defendant.
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`ORDER
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`On 25 August 2021, the Court entered a modified claim construction schedule. See
`Order, ECF No. 59. On 2 November 2021, plaintiffs filed an unopposed motion to modify the
`claim construction briefing schedule. See Pls.’ Unopposed Mot. to Amend the Scheduling
`Order, ECF No. 60. In support of their motion to modify the claim construction schedule,
`plaintiffs state a member of their trial team suffered a medical condition affecting their ability to
`comply with the Court’s previous modified claim construction schedule, ECF No. 59. Id. at 1–2.
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`Plaintiffs then filed a motion on 8 November 2021 moving the Court to amend its
`scheduling order in light of changes in Judge Albright’s Order Governing Proceedings – Patent
`Cases, which alters the order in which the parties submit claim construction briefing. See Pl.s’
`Mot. to Amend the Scheduling Order, ECF No. 62. The government filed a response in
`opposition to plaintiffs’ motion on 9 November 2021. See Def.’s Response in Opp’n, ECF No.
`63.
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`The Court recognizes Judge Albright’s rules for patent cases may change from time to
`time, however, for reliability in scheduling the Court will generally not amend existing agreed-
`upon scheduling orders to reflect changes in Judge Albright’s rules for patent cases.
`Accordingly, the Court DENIES plaintiffs’ opposed motion to amend its scheduling order in
`light of changes in Judge Albright’s Order Governing Proceedings – Patent Cases. Mortgage
`Grader, Inc. v. First Choice Loan Services Inc., 811 F.3d 1314, 1321 (Fed. Cir. 2016) (“District
`courts have inherent power to manage their own docket, and are authorized to consider and take
`appropriate action to facilitate the just, speedy, and inexpensive disposition of all matters before
`them.”). For good cause shown, the Court GRANTS plaintiffs’ unopposed motion to modify the
`claim construction schedule, ECF No. 60. The Court ADOPTS the following modified claim
`construction briefing schedule:
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`Case 1:19-cv-00859-RTH Document 64 Filed 11/09/21 Page 2 of 3
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`Prior Deadline
`22 October 2021
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`New Deadline
`19 November 2021
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`5 November 2021
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`3 December 2021
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`19 November 2021
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`19 December 2021
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`Event
`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
`The government files its sur-
`reply claim construction brief
`The parties submit the joint
`claim construction statement
`and propose dates for the
`Markman hearing
`If desired, the parties may
`submit a 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
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`On 2 November 2021, Gerard M. O’Rourke submitted a notice of appearance as attorney
`of record on behalf of plaintiffs. See Notice of Appearance, ECF No. 61. There is no provision
`for entering an appearance of an additional attorney of record under the Rules of the Court of
`Federal Claims (“RCFC”). The RCFC provide “[a] party may have only one attorney of record
`in a case at any one time . . . . Any attorney assisting the attorney of record must be designated
`‘of counsel.’” RCFC 83.1(c)(1). Accordingly, the Court STRIKES Mr. O’Rourke’s Notice of
`Appearance, ECF No. 61, from the docket. An attorney may enter an appearance by including
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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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`11 February 2022
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`18 February 2022
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`4 March 2022
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`18 March 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
`7 March 2022
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`To be scheduled
`15 April 2022
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`Case 1:19-cv-00859-RTH Document 64 Filed 11/09/21 Page 3 of 3
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`the attorney’s name and contact information on the initial pleading or paper as set forth by
`RCFC 83.1(c)(3)(A).
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`IT IS SO ORDERED.
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`s/ Ryan T. Holte
`RYAN T. HOLTE
`Judge
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