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Hoyt A. Fleming v. Cobra Electronics Corporation Case Management

November 9, 2012

HOYT A. FLEMING, PLAINTIFF,
v.
COBRA ELECTRONICS CORPORATION CASE MANAGEMENT AND THE WHISTLER GROUP, INC., DEFENDANTS.



The opinion of the court was delivered by: B. Lynn WINMILLChief Judge United States District Court

MEMORANDUM DECISION AND ORDER

MEMORANDUM DECISION

The Court's staff held a telephone conference with all counsel on November 8, 2012. Each party submitted a proposed litigation plan identifying the areas in dispute. The Court will resolve each issue below.

Motion to Stay

The defendants have filed a motion to stay this litigation -- including the entry of any Case Management Order -- until after the Patent Office rules on their invalidity claims. The briefing on the motion to stay is not yet complete, and the Court offers no advance opinion on that motion. The Court can find no reason to delay this case while waiting for the briefing to be complete, and finds that the case must proceed until that motion is resolved. 30-Day Extension

The Court will grant defendants' motion for a 30-day extension to file their invalidity contentions.

E-Discovery Order

The Court finds that the E-discovery Order proposed by defendants shall govern this case. The Court understands plaintiff's objection that it is unduly burdensome. If plaintiff can show that certain provisions are unreasonable as applied to this case, the plaintiff may move to modify the Order.

Protective Order

The parties shall work together to agree to a protective order.

Inventor Deposition

The Court understands defendants' concern about needed additional time to depose plaintiff Fleming if he takes on various roles in this litigation. However, the Court is not going to authorize any additional depositions in advance. Plaintiff concedes that if Fleming is going to be called as an expert, he would need to be deposed both as a fact witness and as an expert. But we can cross that bridge when we come to it -- the Court will refuse at this time to authorize any additional depositions of Fleming without prejudice to the right of defendants to request additional depositions at a later time.

CASE MANAGEMENT ORDER

In accordance with the Memorandum Decision set forth above and the Court's ...


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