Plasma Physics Corporation et al v. CHI MEI Optoelectronics Corp. et al

MOTION to Adjourn Conference

E.D.N.Y.February 12, 2010

AUSTIN BEIJING DALLAS DUBAI HONG KONG HOUSTON LONDON MOSCOW NEW YORK PALO ALTO RIYADH WASHINGTON 30 ROCKEFELLER PLAZA NEW YORK, NEW YORK 10112-4498 TEL +1 212.408.2500 FAX +1 212.408.2501 www.bakerbotts.com NY02:677442.3 Paul A. Ragusa (212) 408-2588 FAX (212) 259 2588 paul.ragusa@bakerbotts.com VIA ECF February 12, 2010 Honorable William D. Wall United States Magistrate Judge United States District Court 824 Federal Plaza Central Islip, New York 11722 Re: Plasma Physics Corp. et al. v. Chi Mei Optoelectronics Corp. et al., No. 2:08-CV-1628 Dear Judge Wall: We write on behalf of Plaintiffs and Defendants regarding the schedule in the above- referenced action and to request adjournment of the pretrial conference Your Honor has scheduled for February 18, 2010. (See 2/9/10 Dkt. Entry). On October 2, 2009, after having consulted with the Court and having heard oral argument from the parties, Special Master Rando determined that Rule 26 disclosures regarding case-in- chief experts would not be due until after he had issued his Report and Recommendation (“R&R”) on claim construction. At the Special Master’s direction, all of the parties also agreed to proposed extended deadlines for rebuttal expert reports, the close of expert discovery and the filing of dispositive motions that had been set in Your Honor’s initial Case Management Schedule. Because the Special Master at the time expected to issue his R&R by the end of October 2009, the proposed revised schedule still held to the February 10, 2010 pretrial conference date and trial ready date that had been set in the initial Case Management Schedule. On October 8, 2009, Special Master Rando wrote to Your Honor about thismatter recommending that the proposed modifications to the Case Management Schedule be granted. (See Exh. 1, 10/8/09 Letter from Special Master Rando to Honorable William D. Wall.) That same date, you entered an order adopting the modified Schedule. (See 10/8/09 Dkt. Entry.) On November 2, 2009, the Special Master informed the parties that he would need additional time to complete his R&R. He noted: I have contacted the Court in light of my anticipated projection of completing the R & R by the end of October. I have be n assured by the Court that all deadlines in the parties’ most recent case management schedule will be extended commensurate with the period of time between the end of October and the date of my filing the R & . (See Exh. 2, Special Master Rando’s 11/2/2009 e-mail correspondence with the parties’ attorneys.) Special Master Rando recently updated the parties, indicating that he expects to issue his R&R on claim construction by the end of this month. If the R&R does issue by the end of February, the parties propose the following revised dates for the pretrial conference and other remaining deadlines in the Case Management Schedule: Case 2:08-cv-01628-LDW -WDW Document 40 Filed 02/12/10 Page 1 of 2 Honorable William D. Wall 2 NY02:677442.3 Event Deadline Rule 26 disclosures regarding case-in-chief experts. Expert Discovery Opens March 15, 2010 Rule 26 disclosures regarding rebuttal experts April 15, 2010 Expert Discovery Closes May 14, 2010 Last day to file letter requests to file dispositive motions May 31, 2010 Court holds pretrial conference July 2010 Trial ready date July 2010 Should Special Master Rando’s R&R not issue until after February 28, 2010, the parties propose that instead of the Case Management Schedule dates listed above, the Court order dates calculated by adding to each of the above-listed dates an amount f time equal to the period between February 28 and issuance of the R&R. In view of the present uncertainty regarding these deadlines, Your Honor may wish to defer setting new deadlines and a pretrial conference date until after issuance of Special Master Rando’s report. In that event, the parties agree to notify Your Honor promptly upon receipt of same. The parties have already been instructed to notify Judge Wexler’s Chambers upon issuance of the R&R, in order to set a briefing schedule on claim construction. Respectfully submitted, /s/ Paul A. Ragusa Paul A. Ragusa (PAR 9165) Attorney for Plaintiffs /s/ John J. Lauter John J. Lauter (JJL 3226) Attorney for Defendants Encl. cc: Special Master Rando Case 2:08-cv-01628-LDW -WDW Document 40 Filed 02/12/10 Page 2 of 2