§222.11. Scheduling order.
37 C.F.R. § 222.11
Timing. Upon receipt of the second payment of the filing fee set forth in § 201.3(g) of this subchapter and after completion of the 14-day period specified in the Board's order pursuant to § 222.7, the Board shall issue an initial scheduling order through eCCB, subject to § 222.7(b)(1).
Content of initial scheduling order. The scheduling order shall include the dates or deadlines for:
Filing of a response to the claim by the respondent;
A pre-discovery conference with a Copyright Claims Officer (Officer) to discuss case management, including discovery, and the possibility of resolving the claims and any counterclaims through settlement;
Service of responses to standard interrogatories;
Service of documents in response to standard requests for the production of documents;
Requests for leave to seek additional discovery;
Close of discovery;
A post-discovery conference with an Officer to discuss further case management, including the possibility of resolving the claims and any counterclaims through settlement; and
Filing of each party's written testimony and responses, pursuant to § 222.15.
Conferences. In addition to those identified in paragraph (b) of this section, the Board may hold additional conferences, at its own election or at the request of any party. Requests for a conference and any responses thereto shall follow the procedures set forth in § 220.5(a)(1) of this subchapter. All conferences shall be held virtually.
Amended scheduling order. The Board may amend the initial scheduling order—
Upon the clearance of a counterclaim by a Copyright Claims Attorney pursuant to § 224.1(c)(1) of this subchapter, to add a deadline for the service of a response by a claimant to a counterclaim and to amend other previously scheduled dates in the prior scheduling order;
Upon request of one or more of the parties to an <I>active proceeding</I> submitted through eCCB. Requests to amend the scheduling order and any responses thereto shall follow the procedures set forth in § 220.5(a)(1) of this subchapter;
As necessary to adjust the schedule for conferences or hearings or the staying of the proceeding;
As necessary to facilitate settlement pursuant to § 222.18; or
Upon its own initiative in the interests of maintaining orderly administration of the Board's docket.
Notes, amendments, and revision history
Amendments
[87 FR 30077, May 17, 2022]
Authority
Authority: 17 U.S.C. 702, 1510.
Source
Source: 87 FR 12865, Mar. 8, 2022, unless otherwise noted.
Amendments
[87 FR 30077, May 17, 2022]