STIPULATED AND MODIFIED SCHEDULING ORDER AND RELATED COUNTERCLAIM
Plaintiff Enviro Tech Chemical Services, Inc. and defendant Albemarle Corporation, by their undersigned counsel, hereby stipulate, pursuant to Local Rule 83-143, and mutually request a further extension of certain dates established in the current Modified Scheduling Order, document no. 31 filed on November 14, 2008. The parties exchanged initial disclosures on November 7, 2008. The next deadlines in the current Modified Scheduling Order pertain primarily to the claim construction process. The parties request that these dates be continued an additional 60 days to allow further time for the parties to continue the informal settlement process that is ongoing. In connection with the informal settlement process, the parties have exchanged confidential technical information and data related to the issue of infringement/non-infringement of the patent-in-suit. Each party's information has been reviewed by counsel for the opposing party and has now also been analyzed by one or more technical persons for the opposing party. The parties need to obtain some additional information from each other and are discussing the parameters of a settlement. Accordingly, the parties request that the current dates be continued approximately 60 days to allow them to continue the settlement process, to conserve judicial resources, and to maximize the efficiency of the litigation.
MCGLINCHEY STAFFORD, PLLC
Joel W. Mohrman Attorneys for Defendant Albemarle Corporation
BULLIVANT HOUSER BAILY PC
M. Taylor Florence Attorneys for Defendant Albemarle Corporation
WEINTRAUB GENSHLEA CHEDIAK
Audrey A. Millemann Attorneys for Plaintiff Enviro Tech Chemical Services, Inc.
Pursuant to the foregoing stipulation of the parties, the current scheduling order is modified as follows:
1. March 16, 2009 Plaintiff to file its disclosure of asserted claims and preliminary infringement contentions with supporting documents. After this date it is necessary to obtain leave of court to add and/or amend infringement contentions. Join additional parties. It is not necessary to file a motion to join additional parties before this date. Thereafter, it is necessary to obtain leave of court to join additional parties.
Add new patents and/or claims for patents-in-suit. It is not necessary to file a motion to add additional patents or claims before this date. Thereafter, it is necessary to ...