The Schedule

Message ID: 235595
Posted By: ruidhmurphy
Posted On: 2005-02-12 21:36:00
Subject: The Schedule

There have been several opinions expressed that this case will drag on for years.

Bullshit.

Here is the schedule from Kimball's June '04 order. Look at the gaps in there between the scheduled end of discover in March and dispotative motions in May and the pre-trial stuff at the end of September.

Kimball will try to keep the trial date or push it back at most by two or three months. This case will not be allowed to drag on for years especially as two other cases are stayed pending resolution here. The trial phase will me over before April '06. It will be over by the end of the year if Kimball can keep the trial date.

The parties may find that the routine extensions of time they are used to getting may begin to dry up.

EVENT ----------- DEADLINE

Fact Discovery - February 11, 2005
Expert Discovery - April 22, 2005
Initial Report - February 25, 2005
Opposing Experts' Reports - March 11, 2005
Counter-reports - March 25, 2005
Dispositive Motions - May 20, 2005
Rule 26(a)(3) Disclosures - September 30, 2005
Special Attorney Conference and Settlement Conference - October 3, 2005
Final Pretrial Conference - October 10, 2005 at 2:30pm
Exchange of proposed jury instructions[2] - September 30, 2005
Filing of proposed jury instructions - October 10, 2005
5-week jury trial - November 1, 2005

Message ID: 235596
Posted By: br3nsc
Posted On: 2005-02-12 21:41:00
Subject: Re: The Schedule

much respect but i disagree.
if wells doesnt clarify the discovery order to IBM satisfaction and kimball agrees with her then this will go to 10th circuit which is bound to change dates by several months.
br3n

Message ID: 235633
Posted By: bobothewonderpenguin
Posted On: 2005-02-13 11:22:00
Subject: Re: The Schedule

>> if wells doesnt clarify the discovery order to IBM satisfaction and kimball agrees with her then this will go to 10th circuit which is bound to change dates by several months.<<

IBM really has to decide what it wants here. They should be readeing the Kimball decision and deciding what they can give to SCOX that won't be overly burdensome and will satisfy Wells and Kimball that SCOX has had as much discovery as they need.

IBM might be ready for a showdown on SCOX's derivative works theory. That's a substantive issue I wouldn't mind going to the appeals court over. But IBM must know that going to the appeals court with a "This is too burdomesome." claim is almost a guaranteed loser.

It is IBM who controls how quickly or slowly this goes from here.

Message ID: 235634
Posted By: br3nsc
Posted On: 2005-02-13 11:29:00
Subject: Re: The Schedule

it wont be over burdensome
it will most likely be because of no specific facts presented that IBM could conform to provide
far reaching for the sun moon and stars isnt allowed
specificity is what wells had said then she reversed herself.
that is what IBM will most likely be nailing down.IMHO
br3n

The texts of these Yahoo Message Board posts have been licensed for copying and distribution by the Yahoo Message Board users "ruidhmurphy", "br3nsc", "bobothewonderpenguin " under the following license: License: CCL Attribution-NonCommercial-ShareAlike v2.0.