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Message: Pacer: e.Digital Corporation v. Lenovo ~ ENE/CMC

In keeping with the consolidation of the various e.Digital cases by the Honorable Marilyn L. Huff,1 the Court will hold a JOINT IN-PERSON Early Neutral Evaluation of the following cases:

  • 15cv135 H (BGS) - e.Digital v. Lenovo;
  • 15cv141 H (BGS) - e.Digital v. Spansion, et al.;
  • 15cv144 H (BGS) - e.Digital v. Acer America Corp.;
  • 15cv314 H (BGS) - e.Digital v. Smart Modular Technologies, Inc.

The in-person ENE/Discovery CMC shall be held for ATTORNEYSONLY on June 24, 2015 at 10:00 a.m. in Courtroom 1B, 221 West Broadway, San Diego, CA 92101.

The parties are hereby advised that the May 12, 2015 Scheduling Order issued by the Honorable Marilyn L. Huff is the controlling Scheduling Order as to the dates and deadlines with which the parties must comply during the course of each of the consolidated cases. [See Consolidated Scheduling Order at ECF No. 27.] Accordingly, there is no need for the parties to submit a proposed scheduling order to Judge Skomal.

The Court HEREBY REQUIRES all parties in these consolidated cases to enter into the Court’s model patent protective order and model ESI order. At the in-person ENE/CMC re: discovery on June 24, 2015, the Court will discuss its protocol for discovery disputes with the parties. In advance of the conference, the parties are ORDERED to file one joint statement no later than June 19, 2015 which addresses their positions on: (1) handling of any privilege issues that may arise; (2) numerical limits on written discovery; (3) numerical limits on fact and expert depositions; and (4) numerical limits on the discovery motions to be filed. The consolidated defendants are ORDERED to present ONE collectively agreed upon position in the joint statement. Defendants are also ORDERED to designate in the joint statement their lead counsel for the purpose of communicating with the court and coordinating communication between the parties as regards discovery. The Court will address these issues at the discovery conference.

IT IS SO ORDERED. DATED: June 2, 2015 Hon. Bernard G. Skomal U.S. Magistrate Judge United States District Court

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