Case 1:16-cv-02690-AT Document 56-1 Filed 03/04/16 Page 1 of 5
`Case 1:16-cv-02690-AT Document 56-1 Filed 03/04/16 Page 1 of 5
`
`EXHIBIT A
`
`EXHIBIT A
`
`

`

`Case 1:16-cv-02690-AT Document 56-1 Filed 03/04/16 Page 2 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`SIPCO, LLC
`
`v.
`
`EMERSON ELECTRIC CO., ET AL.
`
`§
`§
`§
`§
`§
`
`Case No. 6:15-CV-907-JRG-KNM
`
`SAMPLE DOCKET CONTROL ORDER FOR PATENT CASES
`ASSIGNED TO JUDGE RODNEY GILSTRAP
`
`In accordance with the scheduling conference held in this case, it is hereby ORDERED
`
`that the following schedule of deadlines is in effect until further order of this Court:
`
`April10, 2017
`
`March 13, 2017
`
`*Jury Selection- 9:00 a.m. in Tyler, Texas
`before Judge Rodney Gilstrap
`
`*Pretrial Conference - 9:00 a.m. Ill Tyler, Texas before Judge
`Nicole Mitchell
`
`March 8, 2017
`
`*Notify Court of Agreements Reached During Meet and Confer
`
`The parties are ordered to meet and confer on any outstanding
`objections or motions in limine. The parties shall advise the Court of
`any agreements reached no later than 1:00 p.m. three (3) business
`days before the pretrial conference.
`
`March 6, 2017
`
`*File Joint Pretrial Order, Joint Proposed Jury Instructions, Joint
`Proposed Verdict Fmm, and Responses to Motions in Limine
`
`February 27, 2017
`
`*File Notice of Request for Daily Transcript or Real Time Reporting.
`
`If a daily transcript or real time reporting of court proceedings is
`requested for trial, the patiy or parties making said request shall file a
`notice with the Court and e-mail the Court Reporter, Shelly Holmes,
`at shelly_ holmes@txed.uscourts.gov.
`
`February 20, 2017
`
`File Motions in Limine
`
`The parties shall limit their motions in limine to issues that if
`improperly introduced at trial would be so prejudicial that the Court
`could not alleviate the prejudice by giving appropriate instructions to
`the jury.
`
`

`

`Case 1:16-cv-02690-AT Document 56-1 Filed 03/04/16 Page 3 of 5
`
`February 20, 2017
`
`Serve Objections to Rebuttal Pretrial Disclosures
`
`February 6, 2017
`
`January 30, 2017
`
`January 2, 2017
`
`Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
`Disclosures
`
`Serve Pretrial Disclosures (Witness List, Deposition Designations,
`and Exhibit List) by the Party with the Burden of Proof
`
`*File Dispositive Motions or Motions to Strike Expert Testimony
`(including Daubert Motions)
`
`to strike expert testimony
`No dispositive motion or motion
`(including a Daubert motion) may be filed after this date without
`leave of the Court.
`
`January 2, 2017
`
`Deadline to Complete Expert Discovery
`
`December 12, 2016
`
`Serve Disclosures for Rebuttal Expert Witnesses
`
`November 21, 2016
`
`Deadline to Complete Fact Discovery and File Motions to Compel
`Discovery
`
`November 21, 2016
`
`Serve Disclosures for Expert Witnesses by the Party with the Burden
`of Proof
`
`November 7, 2016
`
`*Deadline to File Letter Briefs Regarding Dispositive Motions
`
`October 20, 2016
`
`Deadline to Complete Mediation
`
`The parties are responsible for ensuring that a mediation report is
`filed no later than 5 days after the conclusion of mediation.
`
`October 13, 2016
`
`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`September 22, 2016
`
`*Claim Construction Hearing-9:00a.m. in Tyler, Texas
`before Judge Nicole Mitchell
`
`September 8, 2016
`
`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
`
`September I, 2016
`
`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
`
`August 25, 2016
`
`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
`
`August 11, 2016
`
`Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and
`Submit Technical Tutorials (if any)
`
`Good cause must be shown to submit technical tutorials after the
`deadline to comply with P.R. 4-5(a).
`
`- 2-
`
`

`

`Case 1:16-cv-02690-AT Document 56-1 Filed 03/04/16 Page 4 of 5
`
`August 11, 2016
`
`Deadline to Substantially Complete Document Production and
`Exchange Privilege Logs
`
`Counsel are expected to make good faith efforts to produce all
`required documents as soon as they are available and not wait until
`the substantial completion deadline.
`
`July 28, 2016
`
`Comply with P.R. 4-4 (Deadline to Complete Claim Construction
`Discovery)
`
`July 21,2016
`
`File Response to Amended Pleadings
`
`July 7, 2016
`
`*File Amended Pleadings
`
`It is not necessary to seek leave of Court to amend pleadings prior to
`this deadline unless the amendment seeks to assert additional patents.
`
`June 30, 2016
`
`Comply with P.R. 4-3 (Joint Claim Construction Statement)
`
`June 9, 2016
`
`Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)
`
`May 19,2016
`
`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
`
`April4, 2016
`
`Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
`
`March 14, 2016
`
`*File Proposed Protective Order and Comply with Paragraphs 1 & 3
`of the Discovery Order (Initial and Additional Disclosures)
`
`The Proposed Protective Order shall be filed as a separate motion
`with the caption indicating whether or not the proposed order is
`opposed in any part.
`
`March 7, 2016
`
`*File Proposed Docket Control Order and Proposed Discovery Order
`
`The Proposed Docket Control Order and Proposed Discovery Order
`shall be filed as separate motions with the caption indicating whether
`or not the proposed order is opposed in any part.
`
`February 29, 2016
`
`Join Additional Parties
`
`February 25, 2016
`
`*File Notice of Mediator
`
`February 8, 2016
`
`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`
`- 3-
`
`

`

`Case 1:16-cv-02690-AT Document 56-1 Filed 03/04/16 Page 5 of 5
`
`(*) indicates a deadline that cannot be changed without showing good cause. Good cause is not
`shown merely by indicating that the parties agree that the deadline should be changed.
`
`ADDITIONAL REQUIREMENTS
`
`Notice of Mediator: The parties are to jointly file a notice that identifies the agreed upon
`mediator or indicates that no agreement was reached. If the parties do not reach an agreement,
`the Court will appoint a mediator. The parties should not file a list of mediators to be considered
`by the Court.
`
`Summarv .Judgment Motions: Prior to filing any summary judgment motion, the
`parties must submit letter briefs seeking permission to file the motion. The opening letter brief
`in each of those matters shall be no longer than five (5) pages and shall be filed with the Court no
`later than the deadline for filing letter briefs. Answering letter briefs in each of those matters
`shall be no longer than five (5) pages and filed with the Court no later than fourteen (14) days
`thereafter. Reply briefs in each of those matters shall be no longer than three (3) pages and filed
`with the Court no later than five (5) days thereafter. The Court may decide the question on the
`submissions or hold a hearing or telephone conference to hear arguments and to determine
`whether the filing of any motion will be permitted. Letter briefs shall be filed without exhibits.
`Any requests to submit letter briefs after the deadlines outlined above must show good cause.
`
`Indefiniteness: In lieu of early motions for summary judgment, the parties are directed
`to include any arguments related to the issue of indefiniteness in their Markman briefing, subject
`to the local rules' normal page limits.
`
`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
`
`(a)
`
`(b)
`
`(c)
`
`The fact that there are motions for summary judgment or motions to dismiss pending;
`
`The fact that one or more of the attorneys is set for trial in another court on the same day,
`unless the other setting was made prior to the date of this order or was made as a special
`provision for the parties in the other case;
`
`The failure to complete discovery prior to trial, unless the parties can demonstrate that it
`was impossible to complete discovery despite their good faith effort to do so.
`
`Amendments to the Doch.:et Control Order ("DCO"): Any motion to alter any date on
`the DCO shall take the form of a motion to amend the DCO. The motion to amend the DCO
`shall include a proposed order that lists all of the remaining dates in one column (as above) and
`the proposed changes to each date in an additional adjacent column (if there is no change for a
`date the proposed date column should remain blank or indicate that it is unchanged). In other
`words, the DCO in the proposed order should be complete such that one can clearly see all the
`remaining deadlines and the changes, if any, to those deadlines, rather than needing to also refer
`to an earlier version of the DCO.
`
`Proposed DCO: The Parties' Proposed DCO should also follow the format described
`above under "Amendments to the Docket Control Order ('DCO')."
`
`- 4-
`
`