Opinion
C23-0562JLR
07-16-2024
JAY SCHUYLEMAN, Plaintiff, v. BARNHART CRANE AND RIGGING CO., et al., Defendants.
ORDER
JAMES L. ROBART, United States District Judge
Before the court is the parties' joint motion to amend several deadlines relating to claim construction. (Mot. (Dkt. # 57).) The court entered its original scheduling order on February 6, 2024 (2/6/24 Sched. Order (Dkt. # 47)) and granted the parties' joint motion to amend that order on April 25, 2024 (4/25/24 Sched. Order (Dkt. # 53).) The parties now seek to amend their stipulated scheduling order because they have failed to timely take expert claim construction depositions. (See Mot. at 1-2.)
The court made clear in its initial scheduling order that it will alter dates “only upon good cause shown” and that the “failure to complete discovery within the time allowed is not recognized as good cause.” (2/6/24 Sched. Order at 2.) The court finds that the parties have not established good cause to amend the scheduling order and therefore DENIES the parties' motion (Dkt. # 57). Furthermore, changes in the schedule at this stage of the proceedings risk jeopardizing the Markman hearing date and the trial date. The court is, however, willing to alter the scheduling order as follows:
Event
Current Date
Parties' Proposed Date
Court's Proposed Date
Completion of expert depositions on claim construction
7/15/24
7/29/24
7/31/24
Joint claim chart and Prehearing Statement
7/17/24
8/2/24
7/31/24
Opening claim constructions briefs due
8/9/24
8/16/24
8/13/24
Responsive claim construction briefs due
8/23/24
8/30/24
8/26/24
If the parties wish to proceed with the court's proposed dates above, they must file a stipulated motion to that effect by no later than July 17, 2024.