`
`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`
`
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`E-NUMERATE SOLUTIONS, INC. and
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`E-NUMERATE, LLC,
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`
`
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`Plaintiffs,
`
`
`
`v.
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`C.A. No. 19-859-RTH
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`
`
`
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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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`
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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
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`Order (D.I. 93), to allow the parties to potentially provide dates for the Markman
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`hearing in September, 2022. The Government does not oppose this motion. In support
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`of thereof, e-Numerate avers as follows:
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`WHEREAS e-Numerate’s counsel, O’Kelly & O’Rourke, LLC, is concurrently
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`involved in a litigation pending in the Eastern District of Pennsylvania (“the EDPA
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`litigation”);
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`WHEREAS the EDPA litigation is presently scheduled for a jury trial to
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`commence on September 12, 2022, and that may last at least two weeks;
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`WHEREAS the EDPA litigation has a pretrial conference presently scheduled
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`for August 15, 2022;
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`WHEREAS the EDPA litigation may have the trial date continued in light of a
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`
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`Case 1:19-cv-00859-RTH Document 94 Filed 08/10/22 Page 2 of 2
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`medical disability preventing one defendant from testifying;
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`WHEREAS the continuance of the trial will be discussed at the pretrial
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`conference in the EDPA litigation on August 15, 2022;
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`WHEREAS continuation of that trial will allow for the parties to propose dates
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`for the Markman hearing in September, 2022;
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`WHEREAS the parties are presently discussing Markman hearing dates in
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`October, 2022, in light of the conflict caused by the EDPA litigation;
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`WHEREFORE, e-Numerate respectfully requests that the Schedule be amended
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`as follows:
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`Event
`The parties submit the joint claim
`construction statement and
`propose dates for the Markman
`hearing
`Markman hearing
`
`Deadline for the government to
`produce technical documents for
`additional agencies named in the
`second amended complaint
`
`Prior Deadline
`10 August 2022
`
`New Deadline
`18 August 2022
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`To be scheduled
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`To be scheduled
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`17 August 2022
`
`18 August 2022
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`Dated: August 10, 2022
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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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