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| Authored by: PJ on Wednesday, April 03 2013 @ 06:30 PM EDT |
OK. Here's the Apple motion mentioned in the order, has an Exhibit A attached,
what they sought to file, #2287 Exhibit A, and it's just one page of text, so
it's just saying that it's accepted and now part of the record. In an appeal,
it's now part of the whole record of the case:
Apple’s motion is
simple and straightforward: It asks the Court to hold a case management
conference on April 3, with joint statements to be filed on March 27, 2013.
Samsung’s lengthy opposition does not engage Apple’s request. Samsung does not
assert that a case management conference is inappropriate. To the contrary, by
arguing its positions about the scope and procedures for the new trial required
by the Court’s March 1 Order re: Damages, Samsung confirms the need for a
conference. And Samsung previously indicated that it would agree to a
conference, just not earlier than late April. (See Dkt. No. 2283-1 ¶ 4.) Nor
can Samsung credibly take the position that April 3—over a month after the
Court issued its March 1 Order—is too soon. Samsung clearly has developed its
views about whether
and how the case should proceed, and it will have filed its
reply on its motion for partial judgment by March 29. Samsung’s preference for
delay, which allows it to avoid the consequences of the jury’s verdict that was
rendered eight months ago, is no reason for the Court to defer a conference to
determine how to proceed.
The procedures for a case management conference
require the parties to meet and confer about their respective positions and
then present their areas of agreement and dispute in a joint statement. Thus,
although Apple disagrees with many of the positions Samsung has now articulated
about the scope and procedures for a new trial, Apple will address those
disagreements in the meet and confer process and joint statement, not
here. So, it's accepted, the filing, but denied, and so Apple can
argue on appeal that she messed up by not granting the April 3 date. As in,
forgeddaboudit.[ Reply to This | Parent | # ]
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