Case 2:20-cv-00311-JRG Document 21 Filed 02/08/21 Page 1 of 6 PageID #: 218
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ESTECH SYSTEMS, INC.,
`
`Plaintiff
`
`v.
`
`OLIVER STREET DERMATOLOGY
`MANAGEMENT, LLC d/b/a U.S.
`DERMATOLOGY PARTNERS, OLIVER
`STREET 5.01(A) INC., d/b/a U.S.
`DERMATOLOGY PARTNERS, OLIVER
`STREET DERMATOLOGY ASC LLC,
`
`Defendants.
`
`C.A. NO. 2:20-cv-00311
`
`JURY TRIAL DEMANDED
`
`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:
`
`March 7, 2022
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`*Jury Selection - 9:00 a.m. in Marshall, Texas
`
`February 7, 2022
`
`* If a juror questionnaire is to be used, an editable (in Microsoft
`Word format) questionnaire shall be jointly submitted to the
`Deputy Clerk in Charge by this date.1
`
`January 31, 2022
`
`*Pretrial Conference - 1:30 p.m. in Marshall, Texas before
`Judge Rodney Gilstrap
`
`January 24, 2022
`
`*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.
`
`1 The Parties are referred to the Court's Standing Order Regarding Use of Juror Questionnaires
`in Advance of Voir Dire.
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`Case 2:20-cv-00311-JRG Document 21 Filed 02/08/21 Page 2 of 6 PageID #: 219
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`January 24, 2022
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`*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
`
`January 18, 2022
`
`*File Notice of Request for Daily Transcript or Real Time
`Reporting.
`
`January 11, 2022
`
`January 11, 2022
`
`January 4, 2022
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`December 20, 2021
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`December 13, 2021
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`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 shelly_holmes@txed.uscourts.gov.
`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.
`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.22 Motions for
`Summary Judgment shall comply with Local Rule CV-56.
`
`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 Motions, the deadline for Response to Dispositive Motions controls.
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`November 29, 2021
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`*File Motions to Strike Expert Testimony (including Daubert
`Motions)
`
`November 29, 2021
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`November 23, 2021
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`No motion to strike expert testimony (including a Daubert
`motion) may be filed after this date without leave of the Court.
`*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
`
`November 9, 2021
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`Serve Disclosures for Rebuttal Expert Witnesses
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`October 19, 2021
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`October 19, 2021
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`Deadline to Complete Fact Discovery and File Motions to
`Compel Discovery
`
`Serve Disclosures for Expert Witnesses by the Party with the
`Burden of Proof
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`September 21, 2021
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`August 27, 2021
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`*Claim Construction Hearing- 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`August 13, 2021
`
`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
`
`August 6, 2021
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`*Comply with P.R.4 -5(c) (Reply Claim Construction Brief)
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`July 30, 2021
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`July 16, 2021
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`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).
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`July 20, 2021
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`Deadline to Substantially Complete Document Production and
`Exchange Privilege Logs
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`July 6, 2021
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`June 25, 2021
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`June 11, 2021
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`June 8, 2021
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`May 18, 2021
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`April 27, 2021
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`March 3, 2021
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`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)
`
`File Response to Amended Pleadings
`
`*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.
`Comply with P.R. 4-3 (Joint Claim Construction Statement)
`
`Comply with P.R. 4-2 (Exchange Preliminary Claim
`Constructions)
`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
`
`Comply with Standing Order Regarding Subject-Matter
`Eligibility Contentions3
`
`March 3, 2021
`
`Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
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`February 10, 2021
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`*File Proposed Protective Order and Comply with Paragraphs 1
`& 3 of the Discovery Order (Initial and Additional Disclosures)
`
`February 3, 2021
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`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.
`*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.
`
`3
`/sites/default/files/judgeFiles/EDTX%20Standing%200
`http://www.txed.uscourts.gov
`Re%20Subject%20Matter%20Eligibility%20Contentions%20.pdf
`rder%20
`[https://perma.cc/RQN2- YU5P]
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`Case 2:20-cv-00311-JRG Document 21 Filed 02/08/21 Page 5 of 6 PageID #: 222
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`January 27, 2021
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`Join Additional Parties
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`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`January 6, 2021
`(*) 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
`Mediation: While certain cases may benefit from mediation, such may not be appropriate
`for every case. The Court finds that the Parties are best suited to evaluate whether mediation will
`benefit the case after the issuance of the Court' s claim construction order. Accordingly, the Court
`ORDERS the Parties to file a Joint Notice indicating whether the case should be referred
`for mediation within fourteen days of the issuance of the Court's claim construction
`order. As a part of such Joint Notice, the Parties should indicate whether they have a
`mutually agreeable mediator for the Court to consider. If the Parties disagree about whether
`mediation is appropriate, the Parties should set forth a brief statement of their competing
`positions in the Joint Notice.
`
`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.
`
`Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides
`that "[o]n the first appearance through counsel, each party shall designate a lead attorney
`on the pleadings or otherwise." Additionally, once designated, a party' s lead attorney may
`only be changed by the filing of a Motion to Change Lead Counsel and thereafter obtaining
`from the Court an Order granting leave to designate different lead counsel.
`
`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;
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`Case 2:20-cv-00311-JRG Document 21 Filed 02/08/21 Page 6 of 6 PageID #: 223
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`(b)
`
`(c)
`
`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' )."
`
`Joint Pretrial Order: In the contentions of the Parties included in the Joint Pretrial
`Order, the Plaintiff shall specify all allegedly infringed claims that will be asserted at trial.
`The Plaintiff shall also specify the nature of each theory of infringement, including under
`which subsections of 35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff
`alleges divided infringement or infringement under the doctrine of equivalents. Each
`Defendant shall indicate the nature of each theory of invalidity, including invalidity for
`anticipation, obviousness, subject-matter eligibility, written description, enablement, or any
`other basis for invalidity. The Defendant shall also specify each prior art reference or
`combination of references upon which the Defendant shall rely at trial, with respect to each
`theory of invalidity. The contentions of the Parties may not be amended, supplemented, or
`dropped without leave of the Court based upon a showing of good cause.
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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 8th day of February, 2021.
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