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General Electric Company, A New York Corporation; and v. Thomas Wilkins

March 24, 2011

GENERAL ELECTRIC COMPANY, A NEW YORK CORPORATION; AND
GE WIND ENERGY, LLC, A DELAWARE LIMITED
LIABILITY COMPANY,
PLAINTIFFS,
v.
THOMAS WILKINS, AN INDIVIDUAL, DEFENDANT.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

Further Scheduling Conference: 4/7/11 8:15 Ctrm. 3

DRAFT CONFERENCE ORDER AFTER SCHEDULING

I. Date of Scheduling Conference. March 24, 2011.

III. Summary of Pleadings.

1. The parties will submit a background statement of the case, uncontested facts, and contested facts.

IV. Orders Re Amendments To Pleadings.

1. On October 13, 2010, Plaintiffs filed a First Amended Complaint. Plaintiffs do not anticipate any additional amendments or the joinder of any additional parties.

2. On March 15, 2011, the Court issued an order denying Mr. Wilkins' motion to dismiss the Amended Complaint. As such, Mr. Wilkins' and Mitsubishi's answers are now due to be filed on March 29, 2011. Fed. R. Civ. P. 12(a)(4)(A). Because no answer has been filed, Mr. Wilkins and Mitsubishi currently foresee no amendments being required. Nor do Mr. Wilkins or Mitsubishi currently foresee joining any additional parties. In the event that amendment becomes necessary, Mr. Wilkins and/or Mitsubishi will seek to amend as provided for in Rule 15 of the Federal Rules of Civil Procedure.

3. MHI was granted intervenor status pursuant to Fed. R. of Civ. Proc., Rule 24(a).

V. Pending Matters.

1. The timing for dispositive motions is set forth in the Joint Scheduling Conference Statement by the parties. On January 24, 2011, the Court heard Wilkins' motion to dismiss the first amended complaint (Doc. 96), Mitsubishi's motion for intervention (Doc. 125) and GE's motion for sanctions against Wilkins (Doc.97). On February 25, 2011, the Court granted Mitsubishi's motion for intervention by written order. (Doc. 166). On March 15, 2011, the Court denied Defendant's motion to dismiss (Doc. 173).

The Court has not issued a written order on GE's motion for a preliminary injunction or its motion for sanctions. Plaintiffs currently have pending an application for contempt against Defendant (Doc. 90), which has not been granted and for which a hearing date has not been set.

VI. Factual Summary.

A. Admitted Facts Which Are Deemed Proven Without ...


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