`
`United States District Court
`Western District of Texas
`Waco Division
`
`
`
`
`Lucy Peters, et al,
` Plaintiffs,
`
`v.
`
`The United States of America,
` Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`No. 6:21-cv-00550-ADA-JCM
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`
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`Scheduling Order and Discovery Plan
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`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
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`following schedule will govern deadlines up to and including the trial of this matter:
`
`Date
`September 27,
`2021
`
`September 27,
`2021
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`October 4, 2021
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`
`
`Event
`Discovery commences on all issues.
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`Parties exchange initial disclosures pursuant to Rule 26(a)(1).
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`Each party shall complete and file the “Notice Concerning
`Reference to United States Magistrate Judge.”
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`November 22,
`2021
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`All motions to amend pleadings or to add parties shall be filed on or
`before this date.
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`February 17, 2022
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`Parties with burden of proof to designate Expert Witnesses and
`provide their expert witness reports, to include all information
`required by Rule 26(a)(2)(B).
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`March 21, 2022
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`Parties shall designate Rebuttal Expert Witnesses on issues for
`which the parties do not bear the burden of proof, and provide their
`expert witness reports, to include all information required by Rule
`16(a)(2)(B).
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`June 1, 2022
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`Expert Discovery Deadline. Expert discovery must be completed by
`this date.
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`Applied Materials, Inc. Ex. 1036
`Applied v. Ocean, IPR2021-01342
`Page 1 of 4
`
`
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`Case 6:21-cv-00550-ADA-JCM Document 13 Filed 10/03/21 Page 2 of 4
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`
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`July 1, 2022
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`February 1, 2022
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`March 1, 2022
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`August 15, 2022
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`October 17, 2022
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`October 31, 2022
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`Any objection to the reliability of an expert’s proposed testimony
`under Federal Rule of Evidence 702 shall be made by motion,
`specifically stating the basis for the objection and identifying the
`objectionable testimony, not later than 14 days of receipt of the
`written report of the expert’s proposed testimony or not later than 14
`days of the expert’s deposition, if a deposition is taken, whichever is
`later. The failure to strictly comply with this paragraph will be
`deemed a waiver of any objection that could have been made
`pursuant to Federal Rule of Evidence 702.
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`Fact Discovery Deadline. Fact discovery must be completed by this
`date. Any fact discovery requests must be propounded so that the
`responses are due by this date.
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`The parties asserting claims for relief shall submit a written offer of
`settlement to opposing parties on or before this date. All offers of
`settlement are to be private, not filed, and the Court is not to be
`advised of the same. The parties are further ORDERED to retain the
`written offers of settlement and responses as the Court will use these
`in assessing attorneys’ fees and court costs at the conclusion of trial.
`
`Each opposing party shall respond, in writing, to the written offer of
`settlement made by the parties asserting claims for relief by this
`date. All offers of settlement are to be private, not filed, and the
`Court is not to be advised of the same. The parties are further
`ORDERED to retain the written offers of settlement and responses
`as the Court will use these in assessing attorneys’ fees and court
`costs at the conclusion of trial.
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`All dispositive motions shall be filed and served on all other parties
`on or before this date and shall be limited to 25 pages. Responses
`shall be filed and served on all other parties not later than 14 days
`after the service of the motion and shall be limited to 20 pages. Any
`replies shall be filed and served on all other parties not later than 7
`days after the service of the response and shall be limited to 10
`pages, but the Court need not wait for the reply before ruling on the
`motion.
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`By this date the parties shall meet and confer to determine pre-trial
`deadlines, including, inter alia, exchange of exhibit lists,
`designations of and objections to deposition testimony, and
`exchange of demonstratives.
`
`By this date the parties will submit to the Court their Joint Pre-trial
`Order, including the identification of issues to be tried, identification
`of witnesses, trial schedule provisions, and all other pertinent
`information.
`
`November 17,
`2022 at 10:30 a.m.
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`Final Pre-Trial Conference.
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`
`
`2
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`Applied Materials, Inc. Ex. 1036
`Applied v. Ocean, IPR2021-01342
`Page 2 of 4
`
`
`
`Case 6:21-cv-00550-ADA-JCM Document 13 Filed 10/03/21 Page 3 of 4
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`December 5, 2022
`at 9:00 a.m.
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`Trial Commences.
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`SIGNED this 3rd day of October, 2021.
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`
`
`
`
`
`
`
`
`JEFFREY C. MANSKE
`UNITED STATES MAGISTRATE JUDGE
`
`3
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`Applied Materials, Inc. Ex. 1036
`Applied v. Ocean, IPR2021-01342
`Page 3 of 4
`
`
`
`Case 6:21-cv-00550-ADA-JCM Document 13 Filed 10/03/21 Page 4 of 4
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`
`LUCY PETERS, et al.,
`
` Plaintiffs,
`
`
`v.
`
`UNITED STATES OF AMERICA,
`
` Defendant.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`NOTICE AND STATEMENT REGARDING CONSENT
`TO UNITED STATES MAGISTRATE JUDGE
`
`
`
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`
`
`
`CASE NO. 6:21-CV-00550-ADA-JCM
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`
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`Notice of a magistrate judge’s availability. A United States Magistrate Judge is
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`available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to
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`order the entry of a final judgment. The judgment may then be appealed directly to the United
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`States court of appeals like any other judgment of this court. A magistrate judge may exercise
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`this authority only if all parties voluntarily consent. You may consent to have your case referred
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`to a magistrate judge or you may withhold your consent without adverse substantive
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`consequences.
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`Statement regarding consent. The following parties DO / DO NOT1 consent to the
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`jurisdiction of the United States Magistrate Judge to conduct all proceedings in this case
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`including trial proceedings, entry of judgment, and post-trial proceedings.
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`1 Circle one.
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`4
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`Party:
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`Representative’s Signature
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`Date:
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`__________________
`__________________
`__________________
`__________________
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`_______________________
`_______________________
`_______________________
`_______________________
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`__________
`__________
`__________
`__________
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`Applied Materials, Inc. Ex. 1036
`Applied v. Ocean, IPR2021-01342
`Page 4 of 4
`
`