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`Case 1:19-cv-00859-RTH Document 86 Filed 05/27/22 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,
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`Plaintiffs,
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`C.A. No. 19-859-RTH
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`v.
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`THE UNITED STATES OF AMERICA,
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`Defendant.
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`PLAINTIFFS’ UNOPPOSED MOTION TO AMEND THE SCHEDULING ORDER
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`Plaintiffs e-Numerate Solutions, Inc., and e-Numerate, LLC (collectively “e-
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`Numerate” or “Plaintiffs”) hereby move this Court to amend the current Scheduling Order
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`(D.I. 85) in this matter in light of recently moved trial schedule deadlines affecting Plaintiffs’
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`counsels’ ability to adequately review and respond to the Government’s responsive claim
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`construction briefs. The parties met and conferred, and the Government does not oppose this
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`motion. In support thereof, Plaintiffs aver as follows.
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`WHEREAS Plaintiffs’ trial counsel’s firm had multiple employees contract Covid
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`during the weeks of May 9 and May 16, 2022;
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`WHEREAS these employees were unable to work during large portions of these two
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`weeks;
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`WHEREAS Plaintiffs trial counsel was granted an extension for summary judgment
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`filings until May 24, 2022, in a case presently pending in the Eastern District of Pennsylvania
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`and have met said deadline;
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`Case 1:19-cv-00859-RTH Document 86 Filed 05/27/22 Page 2 of 3
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`WHEREAS the illnesses in Plaintiffs’ trial counsel’s office delayed work on responding
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`to the Government’s claim construction briefs;
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`WHEREAS the present deadline for response is May 27, 2022;
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`WHEREAS that date is the Friday before the Memorial Day weekend; and
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`WHEREAS Plaintiffs’ client representatives wish to review all briefs before they are
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`filed;
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`WHEREAS Plaintiffs will suffer prejudice based on in light of the compressed
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`deadlines in this matter including to coordinate client review in light of the Memorial Day
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`holiday;
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`WHEREAS Plaintiffs seek until Wednesday, June 1, 2022, to file their responsive
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`claim construction briefs and the Government does not oppose this relief;
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`WHEREAS Defendant has worked cooperatively with Plaintiffs to schedule around
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`personal and professional conflicts and does not oppose this motion, but intends to oppose
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`further extensions absent good cause.
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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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`Evented
`Plaintiffs file their reply claim
`construction briefs
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`Prior Deadline
`27 May 2022
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`The government files its surreply
`claim construction briefs
`Plaintiffs file their surreply claim
`construction brief regarding
`indefiniteness terms
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`24 June 2022
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`8 July 2022
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`New Deadline
`1 June 2022
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`1 July 2022
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`15 July 2022
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`Case 1:19-cv-00859-RTH Document 86 Filed 05/27/22 Page 3 of 3
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`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
`Deadline for the government to
`produce technical documents for
`additional agencies named in the
`second amended complaint
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`15 July 2022
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`22 July 2022
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`22 July 2022
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`10 August 2022
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`To be scheduled
`29 July 2022
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`To be scheduled
`17 August 2022
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`Dated: May 27, 2022
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`Respectfully submitted,
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`/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
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`Attorneys for Plaintiffs
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