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Roche Molecular Systems, Inc. v. Cepheid

United States District Court, N.D. California

June 21, 2016

ROCHE MOLECULAR SYSTEMS, INC., Plaintiff,
v.
CEPHEID, Defendant.

          CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL

          ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE

         Following the Case Management Conference held on June 14, 2016, IT IS HEREBY ORDERED THAT pursuant to Fed.R.Civ.P. 16, the following case management and pretrial order is entered:

         1. DISCOVERY

         a. Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and responses to discovery requests under the circumstances itemized in that Rule, and when ordered by the Court. The Court expects that the parties will supplement and/or correct their disclosures promptly when required under that Rule, without the need for a request from opposing counsel. In addition to the general requirements of Rule 26(e)(1), the parties will supplement and/or correct all previously made disclosures and discovery responses 28 days before the fact discovery cutoff date.

         b. Pursuant to Civil L.R. 37-1(b), telephone conferences are available to resolve disputes during a discovery event, such as a deposition, where the resolution during the event likely would result in substantial savings of expense or time.

         c. Privilege logs. If a party withholds information that is responsive to a discovery request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by claiming that it is privileged, or protected from discovery under the attorney work product doctrine or any other protective doctrine (including, but not limited to, privacy rights), that party shall prepare a "privilege log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and specifying separately for each document or for each category of similarly situated documents:

1. The name and job title or capacity of the author;
2. The name and job title or capacity of each recipient;
3. The date the document was prepared and, if different, the date(s) on which it was sent to or shared with persons other than its author(s);
4. The title and description of the document;
5. The subject matter addressed in the document;
6. The purpose(s) for which it was prepared or communicated; and
7. The specific basis for the claim that it is privileged.

         The privilege log will be produced as quickly as possible, but no later than 14 days after the discovery responses are due (in a rolling production, 14 days after each set of documents is produced), unless the parties stipulate or the Court orders otherwise in a particular case.

         d. In responding to requests for documents and materials under Rule 34 of the Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served on all other parties the full extent to which they will produce materials and shall, promptly after the production, confirm in writing that they have produced all such materials so described that are locatable after a diligent search of all locations at which such materials might plausibly exist.

         2. MOTIONS

         The last day to file a motion, or stipulation and proposed order, to join other parties shall be July 14, 2016.

         The last day to file a motion, or stipulation and proposed order, to amend the pleadings shall be July 14, 2016.

         The deadline for Defendant to file a motion relating to patent ineligibility shall be July 19, 2016. A hearing will be held on August 30, 2016 at 9:00 a.m.

         3. PATENT DISCLOSURES

         a. The last day each party claiming infringement to serve "disclosure of asserted claims and infringement contentions" and produce or make available for inspection documents designated ...


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