Case 3:18-cv-02838-K Document 160 Filed 03/15/19 Page 1 of 6 PagelD 3162
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`FRACTUS, SA,
`
`Plaintiff,
`
`v.
`
`ZTE (USA), INC.,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`Civil No.3: 18-CV-2838-K
`
`ORDER REQUIRING SCHEDULING CONFERENCE AND
`REPORT FOR CONTENTS OF SCHEDULING ORDER
`
`Pursuant to Fed. R. Civ. P. 16(b), Rule 26 and the Court's Civil Justice Expense
`and Delay Reduction Plan (the "Plan"), the Court enters this Order to promote possible
`early settlement of this action and to facilitate subsequent entry of a Scheduling Order.
`This Order is being sent to all counsel and unrepresented parties who have appeared.
`If there are other parties who have not appeared, but who have been in contact with the
`plaintiff or plaintiff's counsel, then the plaintiff's counsel (or the plaintiff if the plaintiff
`is unrepresented) is responsible for contacting such parties and maldng every effort to
`ensure their meaningful participation in the conference described below.
`
`I.
`
`Lead counsel for each party (or designee attorney with appropriate authority) and
`any unrepresented party (except for a prisoner litigant proceeding pro se) shall confer as
`soon as practicable, but in no event later than 20 days from the date of this order (the
`"Scheduling Conference") to confer and (I) consider the nature and basis for the claims
`and defenses; (2) consider the possibilities for a prompt resolution of the case; (3) to
`make or arrange for the disclosure required by Fed. R. Civ. P. 26(a)(l) and prepare the
`report described below. It is the Court's belief that a personal face-to-face meeting is
`usually the most productive type of conference, but the Court will leave the
`determination of the form for the Scheduling Conference to the professionalism of the
`parties. As a result of the Scheduling Conference, counsel shall prepare and submit a
`Report Regarding Contents of Scheduling Order ("Joint Report"). The Joint Report shall
`also include a status report on settlement negotiations, but shall not disclose settlement
`figures.
`
`-1-
`
`ZTE v Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1029.0001
`
`

`

`Case 3:18-cv-02838-K Document 160 Filed 03/15/19 Page 2 of 6 PagelD 3163
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`If plaintiff(s) and defendant(s) have not already filed a Certificate of
`Interested Persons with the Clerk of Court, they are directed to do so no later than 7
`days from the date of this order so that the Court may ensure that recusal is not
`necessary.
`
`II.
`
`The Joint Report, which shall be filed no later than 10 days from the date of the
`scheduling conference, shall include the following in separate numbered paragraphs,
`but not in the format of a proposed order.
`
`I.
`2.
`3.
`4.
`
`5.
`6.
`7.
`
`8.
`
`A brief statement of the claims and defenses;
`A proposed time limit to file motions for leave to join other parties;
`A proposed time limit to amend pleadings;
`A proposed time limit to file various types of motions, including dispositive
`motions. The Court prefers the deadline for dispositive motions to be 120
`days before trial.
`A proposed time limit for initial designation of experts;
`A proposed time limit for responsive designations of experts;
`A proposed time limit for objections to experts (i.e. Daubert and similar
`motions);
`A proposed plan and schedule for discovery, a statement of the subjects on
`which discovery may be needed, a time limit to complete factual discovery
`and expert discovery, and a statement of whether discovery should be
`conducted in phases or limited to particular issues;
`9. What changes should be made in the limitations on discovery imposed
`under the Federal Rules of Civil Procedure or by local rule, and what other
`limitations should be imposed;
`10. A proposed trial date, estimated number of days required for trial, and
`whether a jury has been properly demanded; (The parties should note that
`the Court operates a three-week docket beginning the first Monday of each
`month. Therefore, the parties should propose a trial date which
`corresponds with the first Monday of the agreed upon month.)
`II. A proposed date for further settlement negotiations;
`12. Objections to Fed. R. Civ. P. 26(a)(I) asserted at the Scheduling
`Conference, and other proposed modifications to the timing, form, or
`requirements for disclosure under Rule 26(a), including a statement as to
`when disclosures under Rule 26(a)(I) were made or will be made;
`13. Whether the parties will consent to trial (jury or non-jury) before u.S.
`Magistrate Judge (consent attached).
`
`-2-
`
`ZTE v Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1029.0002
`
`

`

`Case 3:18-cv-02838-K Document 160 Filed 03/15/19 Page 3 of 6 PagelD 3164
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`14. Whether the parties are considering mediation or arbitration to resolve this
`litigation and a statement of when alternative dispute resolution would be
`most effective (e.g. before discovery, after limited discovery, after motions
`are filed, etc.), and, if mediation is proposed, the name of any mediator the
`parties jointly recommend to mediate the case;
`15. Any other proposals regarding scheduling and discovery that the parties
`believe will facilitate expeditious and orderly preparation for trial;
`16. Whether a conference with the Court is desired and the reasons for
`requesting a conference; and
`17. Any other matters relevant to the status and disposition of ths case,
`including any other orders that should be entered by the Court under Fed.
`R. Civ. P. 16(b), 16(c), and 26(c).
`
`Filing the Joint Report is mandatory, and the proposed deadlines provided
`shall be submitted as a date certain. (e.g. Ianuary 30, 2016.) All parties shall
`endeavor to prepare joint suggestions, but if they cannot agree, the Joint Report shall
`reflect their respective views. In such a case, the Joint Report shall set forth with each
`party's respective recommendation a statement of why agreement could not be reached.
`The names of any persons in the case who did not participate in the conference shall be
`identified in the Joint Report.
`
`III.
`
`Unless plaintiff is unrepresented, lead counsel for plaintiff is responsible for
`initiating contact with opposing counsel and all unrepresented parties for the purpose
`of arranging the Scheduling Conference and preparing the Joint Report. Lead counsel
`for all parties and unrepresented parties are equally responsible for seeing that this Order
`is complied with in a timely manner. At least one counsel for each party and all
`unrepresented parties shall sign the Joint Report prior to filing.
`
`IV.
`
`Because Fed. R. Civ. P. 16(b) requires the Court to enter a Scheduling Order "as
`soon as practicable but in any event within 90 days after the appearance of a defendant
`and within 60 days after the complaint has been served on a defendant," any request for
`an extension of time to file the Joint Report shall be denied absent a showing of good
`cause.
`
`-3-
`
`ZTE v Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1029.0003
`
`

`

`Case 3:18-cv-02838-K Document 160 Filed 03/15/19 Page 4 of 6 PagelD 3165
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`V.
`
`Once the Scheduling Order is issued, an extension of the trial date will not
`be granted absent extraordinary circumstances. Without filing a motion, the parties
`may not agree to extend any date in the Scheduling Order.
`
`VI.
`
`Unless this is an action exempted by Fed. R. Civ. P. 26(a)( 1 )(E), or an objection
`to disclosure is asserted at the Scheduling Conference in good faith, as provided in Fed.
`R. Civ. P. 26(a)( I), the parties must make disclosures as required by Fed. R. Civ. P.
`26(a)(l) no later than 14 days from the date of the scheduling conference.
`
`SO ORDERED.
`
`Signed March IY\ 2019.
`
`ED KINKEADE
`UN ITED STATES DISTRICT JUDGE
`
`-4-
`
`ZTE v Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1029.0004
`
`

`

`Case 3:18-cv-02838-K Document 160 Filed 03/15/19 Page 5 of 6 PagelD 3166
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`
`- - - - - - - - - - - - - - - - - - - - - - - - -
`
`DIVISION
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`Docket No. - - - - - - - - - - - - - - - - - - - - - - -
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`Plaintiff
`
`v.
`
`Defendant
`
`CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE
`
`In accordance with the provisions of28 U.S.C. § 636(c), the parties to the above
`captioned civil matter hereby waive their right to proceed before a Judge of the United States
`District Court and consent to have a United States Magistrate Judge conduct any and all further
`proceedings in the above styled case (including the trial) and order entry of a final judgment.
`
`Party or Counsel of Record
`
`Date
`
`NOTE:
`
`Return this form to the District Clerk only if it has been executed by all parties to
`the case.
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`ORDER OF REASSIGNMENT
`
`IT IS HEREBY ORDERED that the above captioned matter be reassigned to the United
`for the conduct of all further
`States Magistrate Judge
`proceedings and the entry of final judgment in accordance with 28 U.S.C. § 636(c) and the
`foregoing consent of the parties.
`
`DATED:
`
`UNITED STATES DISTRICT JUDGE
`
`-5-
`
`ZTE v Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1029.0005
`
`

`

`Case 3:18-cv-02838-K Document 160 Filed 03/15/19 Page 6 of 6 PagelD 3167
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`TRIALS BY THE UNITED STATES MAGISTRATE JUDGE
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`Miscellaneous Order #6 of the Northern District of Texas provides that the United States
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`Magistrate Judges of this district court may, upon the consent of all parties in a civil case, conduct
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`any or all proceedings in a civil case, including a jury or non-jury trial, and order the entry of a final
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`judgment, in accordance with 28 U.S.C. § 636( c). It is your obligation to serve the following
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`"Notice of Right to Consent to Disposition of a Civil Case by a United States Magistrate Judge", and
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`the attached consent form, upon the defendant(s) with the complaint and summons.
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`NOTICE OF RIGHT TO CONSENT TO
`DISPOSITION OF A CIVIL CASE BY A UNITED
`STATES MAGISTRATE JUDGE
`
`In accordance with the provisions of 28 U.S.C. § 636(c), you are hereby notified that the
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`United States Magistrate Judges ofthis district court, in addition to their other duties, may, upon the
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`consent of all parties in a civil case, conduct any or all proceedings in a civil case, including a jury
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`or non-jury trial, and order the entry of a final judgment. Copies of appropriate consent forms for
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`this purpose are available from the clerk of the court.
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`If a consent form is not filed within 20 days of the date that all parties have filed an answer
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`or otherwise responded, the court will deem that failure as evidence that the parties wish that the
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`cause of action proceed before the district judge to whom the case was assigned at the time it was
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`originally filed. Should all the parties subsequently consent to trial by a magistrate judge, however,
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`the district judge may in his/her discretion so order. Pursuant to 28 U.S.C. § 636( c), appeal to the
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`United States Court of Appeals for the Fifth Circuit from a judgment of a magistrate judge is
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`permitted in the same manner as an appeal from any other judgment of the Court.
`
`-6-
`
`ZTE v Fractus
`IPR2018-01461
`
`ZTE
`Exhibit 1029.0006
`
`