With the unexpectedly long wait for the results of the digEcor hearing on 01/20, I’ve started to wonder whether we should focus more upon a coming trial. I don’t think that a date was ever set after it got pushed back from January. Doc-296 shows a schedule but no trial date... and note the statement in bold:

12. Court Issues Ruling on Summary Judgment Motions

Note: The following deadlines assume that the Court will issue its Ruling on or before January 23, 2009. If the Court has not ruled on the pending Cross-Motions for Summary Judgment by this date, all remaining dates shall be adjusted to maintain the same intervals of days reflected in this schedule.]

13. The parties will serve their Rule 26(e)(2) expert supplementation 1/30/09

14. digEcor files and serves revised Rule 26(a)(3) pre-trial disclosures, if necessary 1/30/09

15. e.Digital files and serves Rule 26(a)(3) pre-trial disclosures and objections to digEcor’s disclosures 2/12/09

16. digEcor files and serves objections to e.Digital’s Rule 26(a)(3) pre-trial disclosures 2/26/09

17. digEcor to provide Rebuttal Expert Report to e.Digital’s Expert Report on Technical Issues - 3 15 days before trial

18. Parties file and serve all Daubert Motions and Motions in Limine 2/20/09

19. digEcor serves Proposed Pre-Trial Order 2/27/09

20. Special Attorney Conference - 4 3/3/09

21. Final Pre-Trial Conference (no date set)

22. Trial (no date set)

3 - However, in the event that trial is scheduled to begin after April 30, digEcor’s Rebuttal Expert Report to e.Digital’s Expert Report on Technical Issues shall be due on April 1, 2009.

4 - The Special Attorneys Conference does not involve the Court. Counsel will agree on a pre-trial order and discuss the presentation of the case. Witnesses will be scheduled to avoid gaps and disruptions. Exhibits will be marked in a way that does not result in duplication of documents. Any special equipment or courtroom arrangement requirements will be included in the pre-trial order.

So we don’t know yet when a trial would be held (if one is held), but from the following - I guess we know when it won’t be...

Further, pursuant to the instructions of the Court, the parties hereby give notice of their scheduling constraints in the Spring of 2009, to assist the Court in scheduling trial in this matter. digEcor’s counsel is unavailable and unable to attend trial between March 2-8, 2009, and April 1-14, 2009. digEcor’s expert witness Derk G. Rasmussen is scheduled to participate in a trial in federal court in California that will occur from March 2 – 13, and he is unavailable for personal reasons from June 5-13, 2009. e.Digital’s counsel has a trial scheduled on another matter between March 23 and 31, 2009

Unless something good happens pretty soon, we could see the digEcor issue easily dragging on until June or beyond.

- Sinkman