Case 2:18-cv-00508-JRG Document 20 Filed 04/03/19 Page 1 of 4 PageID #: 79
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`UNILOC 2017 LLC,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS AMERICA, INC.
`and SAMSUNG ELECTRONICS CO. LTD.,
`
`Defendants.
`
`CIVIL ACTION NO.: 2:18-cv-00508-JRG
`
`DOCKET CONTROL ORDER
`
`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:
`Date
`Description
`
`July 6, 2020
`
`June 15, 2020
`
`May 26, 2020
`
`May 26, 2020
`
`May 26, 2020
`
`*Jury Selection — 9:00 a.m. in Marshall, Texas before Judge Rodney
`Gilstrap
`
`*Pretrial Conference — 9:00 am. in Marshall, Texas before Judge
`Rodney Gilstrap
`
`*Notify Deputy Clerk in Charge regarding the date and time by which
`juror questionnaires shall be presented to accompany by jury summons if
`the Parties desire to avail themselves the benefit of using juror
`questionnaires.1
`*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.
`
`*File Joint Pretrial Order, Joint Proposed Jury Instructions, Joint Proposed
`Verdict Form, Responses to Motions in Limine, Updated Exhibit Lists,
`Updated Witness Lists, and Updated Deposition Designations
`
`May 18, 2020
`
`*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 party or parties making said request shall file a notice with the
`Court and e-mail the Court Reporter, Shelly Holmes, at
`shellyholmes@txed.uscourts.gov.
`
`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir
`Dire.
`
`

`

`Case 2:18-cv-00508-JRG Document 20 Filed 04/03/19 Page 2 of 4 PageID #: 80
`
`Date
`
`Description
`
`May 11, 2020
`
`File Motions in Limine
`
`May 11, 2020
`
`April 27, 2020
`
`April 20, 2020
`
`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.
`
`Serve Objections to Rebuttal Pretrial Disclosures
`
`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
`
`April 13, 2020
`
`*Response to Dispositive Motions (including Daubert Motions).
`
`March 30, 2020
`
`Responses to dispositive motions that were filed prior to the dispositive
`motion deadline, including Daubert Motions, shall be due in accordance
`with Local Rule CV-7(e), not to exceed the deadline as set forth in this
`Docket Control Order.2 Motions for Summary Judgment shall comply with
`Local Rule CV-56.
`*File Motions to Strike Expert Testimony (including Daubert Motions)
`
`No motion to strike expert testimony (including a Daubert motion) may be
`filed after this date without leave of the Court.
`
`March 30, 2020
`
`*File Dispositive Motions
`
`No dispositive motion may be filed after this date without leave of the
`Court.
`
`Motions shall comply with Local Rule CV-56 and Local Rule CV-7.
`Motions to extend page limits will only be granted in exceptional
`circumstances. Exceptional circumstances require more than agreement
`among the parties.
`
`Deadline to Complete Expert Discovery
`
`Serve Disclosures for Rebuttal Expert Witnesses
`
`Deadline to Complete Fact Discovery and File Motions to Compel
`Discovery
`
`Serve Disclosures for Expert Witnesses by the Party with the Burden of
`Proof
`
`March 30, 2020
`
`March 9, 2020
`
`February 18, 2020
`
`February 18, 2020
`
`January 4, 2020
`
`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.
`
`January 7, 2020
`
`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`December 17, 2019
`
`*Claim Construction Hearing — 1:30 p.m. in Marshall, Texas before
`Judge Rodney Gilstrap
`
`December 3, 2019
`
`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
`
`November 26, 2019
`
`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
`
`2 The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s failure to oppose a motion
`in the manner prescribed herein creates a presumption that the party does not controvert the facts set out by movant
`and has no evidence to offer in opposition to the motion.” If the deadline under Local Rule CV-7(e) exceeds the
`deadline for Response to Dispositive Motion, the deadline for Response to Dispositive Motions controls.
`
`2
`
`

`

`Case 2:18-cv-00508-JRG Document 20 Filed 04/03/19 Page 3 of 4 PageID #: 81
`
`Date
`
`Description
`
`November 19, 2019
`
`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
`
`November 5, 2019
`
`November 5, 2019
`
`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).
`
`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.
`
`October 22, 2019
`
`Comply with P.R. 4-4 (Deadline to Complete Claim Construction
`Discovery)
`
`October 15, 2019
`
`November 19, 2019 File Response to Amended Pleadings
`
`October 1, 2019
`
`*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.
`
`September 24, 2019
`
`Comply with P.R. 4-3 (Joint Claim Construction Statement)
`
`September 3, 2019
`
`Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)
`
`August 13, 2019
`
`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
`
`May 9, 2019
`
`April 18, 2019
`
`Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
`
`Comply with Paragraphs 1 & 3 of the Discovery Order (Initial and
`Additional Disclosures)
`
`April 8, 2019
`
`*File Proposed Protective Order
`
`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.
`
`April 1, 2019
`
`*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.
`
`March 25, 2019
`
`March 21, 2019
`
`March 14, 2019
`
`Join Additional Parties
`
`*File Notice of Mediator
`
`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`
`(*) 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.
`
`3
`
`

`

`Case 2:18-cv-00508-JRG Document 20 Filed 04/03/19 Page 4 of 4 PageID #: 82
`
`Summary Judgment Motions, Motions to Strike Expert Testimony, and Daubert Motions:
`For each motion, the moving party shall provide the Court with two (2) hard copies of the
`completed briefing (opening motion, response, reply, and if applicable, sur-reply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and
`must include the CM/ECF header. These copies shall be delivered to the Court within three (3)
`business days after briefing has completed. For expert-related motions, complete digital copies of
`the relevant expert report(s) and accompanying exhibits shall submitted on a single flash drive to
`the Court. Complete digital copies of the expert report(s) shall be delivered to the Court no later
`than the dispositive motion deadline.
`
`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) The fact that there are motions for summary judgment or motions to dismiss pending;
`
`(b) 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;
`
`(c) 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 Docket 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
`
`So Ordered this
`Apr 2, 2019
`
`