`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Case No. 2:18-cv-502-JRG-RSP
`
`§§§§§
`
`UNILOC 2017 LLC ET AL
`v.
`
`GOOGLE LLC
`
`AMENDED 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:
`
`New Deadline
`
`Old
`Deadline
`
`August 17, 2020
`
`July 9, 2020
`
`July 6, 2020
`
`July 6, 2020
`
`July 6, 2020
`
`*Jury Selection – 9:00 a.m. in Marshall, Texas
`
`*Pretrial Conference – 9:00 a.m. in Marshall, Texas before
`Judge Roy Payne
`
`*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 questionnaires1
`
`*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
`
`1The Parties are referred to the Court’s Standing Order Regarding Use of Juror
`Questionnaires in Advance of Voir Dire.
`
`Uniloc Ex. 2002
`Google v. Uniloc
`IPR2020-00115
`p. 1
`
`
`
`Case 2:18-cv-00502-JRG-RSP Document 92 Filed 10/15/19 Page 2 of 5 PageID #: 2071
`
`New Deadline
`
`Old
`Deadline
`
`June 29, 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-
`the Court Reporter, Shelly Holmes,
`at
`shelly_holmes@txed.uscourts.gov.
`
`June 22, 2020
`
`File Motions in Limine
`
`June 22, 2020
`
`June 8, 2020
`
`June 1, 2020
`
`May 26, 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
`
`*Response to Dispositive Motions (including Daubert
`Motions). 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.
`
`2The 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 Motions, the deadline for Response to Dispositive Motions controls.
`
`- 2 -
`
`
`
`Case 2:18-cv-00502-JRG-RSP Document 92 Filed 10/15/19 Page 3 of 5 PageID #: 2072
`
`New Deadline
`
`Old
`Deadline
`
`May 11, 2020
`
`*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.
`
`May 11, 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
`
`May 11, 2020
`
`April 20, 2020
`
`March 30, 2020
`
`March 30, 2020
`
`February 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 28, 2020
`
`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`January 7, 2020
`
`December 24,
`2019
`
`*Claim Construction Hearing – 1:30 p.m. in Marshall,
`Texas before Judge Roy Payne
`
`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
`
`- 3 -
`
`
`
`Case 2:18-cv-00502-JRG-RSP Document 92 Filed 10/15/19 Page 4 of 5 PageID #: 2073
`
`New Deadline
`
`Old
`Deadline
`
`December 17,
`2019
`
`December 10,
`2019
`
`November 26,
`2019
`
`November 26,
`2019
`
`November 12,
`2019
`
`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
`
`Comply with P.R. 4-5(b) (Responsive Claim Construction
`Brief)
`
`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.
`
`Comply with P.R. 4-4 (Deadline to Complete Claim
`Construction Discovery)
`
`November 5, 2019 November
`2019
`
`October 22, 2019 November
`2019
`
`26,
`
`File Response to Amended Pleadings
`
`12,
`
`*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.
`
`October 15, 2019 November 5, 2019 Comply with P.R. 4-3 (Joint Claim Construction Statement)
`(*) 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.
`
`- 4 -
`
`
`
`Case 2:18-cv-00502-JRG-RSP Document 92 Filed 10/15/19 Page 5 of 5 PageID #: 2074
`
`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 be 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)
`
`(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 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’).”
`
`- 5 -
`
`____________________________________
`ROY S. PAYNE
`UNITED STATES MAGISTRATE JUDGE
`
`SIGNED this 3rd day of January, 2012.
`
`SIGNED this 11th day of October, 2019.
`
`