Case 6:21-cv-00063-ADA-JCM Document 14 Filed 04/16/21 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
` WACO DIVISION
`
`
`
`
`
`
`SPRINGMAN, ON
`MICHAEL
`BEHALF OF HIMSELF AND ALL
`OTHERS SIMILARLY SITUATED,
`
`PLAINTIFF
`
`
`v.
`
`FUN TOWN ENTERPRISES, LLC
`AND WACO FUNTOWN, LP,
`
`DEFENDANTS
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
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` CA NO. 6:21-cv-63-ADA-JCM
`
`
`
`
`
`
`
`
`SCHEDULING ORDER
`
`
`
`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
`
`following schedule will govern deadlines up to and including the trial of this matter:
`
`
`Date
`April 1, 2021
`
`August 1, 2021
`
`March 31, 2022
`
`August 1, 2021
`
`Event
`Discovery commences on all issues.
`
`
`All motions to amend pleadings or to add
`parties shall be filed on or before this date.
`
`
`Fact Discovery Deadline. Any fact discovery
`requests must be propounded so that the
`responses are due by this date.
`
`
`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
`
`Applied Materials, Inc. Ex. 1037
`Applied v. Ocean, IPR2021-01342
`Page 1 of 5
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
` WACO DIVISION
`
`
`
`
`
`
`SPRINGMAN, ON
`MICHAEL
`BEHALF OF HIMSELF AND ALL
`OTHERS SIMILARLY SITUATED,
`
`PLAINTIFF
`
`
`v.
`
`FUN TOWN ENTERPRISES, LLC
`AND WACO FUNTOWN, LP,
`
`DEFENDANTS
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
` CA NO. 6:21-cv-63-ADA-JCM
`
`
`
`
`
`
`
`
`SCHEDULING ORDER
`
`
`
`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
`
`following schedule will govern deadlines up to and including the trial of this matter:
`
`
`Date
`April 1, 2021
`
`August 1, 2021
`
`March 31, 2022
`
`August 1, 2021
`
`Event
`Discovery commences on all issues.
`
`
`All motions to amend pleadings or to add
`parties shall be filed on or before this date.
`
`
`Fact Discovery Deadline. Any fact discovery
`requests must be propounded so that the
`responses are due by this date.
`
`
`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
`
`Applied Materials, Inc. Ex. 1037
`Applied v. Ocean, IPR2021-01342
`Page 1 of 5
`
`
`
`Case 6:21-cv-00063-ADA-JCM Document 14 Filed 04/16/21 Page 2 of 5
`
`April 16, 2021
`
`January 1, 2022
`
`September 1, 2021
`
`February 1, 2022
`
`responses as the Court will use these in
`assessing attorney’s fees and court costs at the
`conclusion of trial.
`
`
`Each party shall complete and file the
`attached “Notice Concerning Reference to
`United States Magistrate Judge”
`
`
`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).
`
`
`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 attorney’s fees and court costs at the
`conclusion of trial.
`
`
`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 26(a)(2)(B).
`
`March 31, 2022
`
`
`Expert Discovery Deadline.
`
`
`
`
`
`
`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
`
`2
`
`Applied Materials, Inc. Ex. 1037
`Applied v. Ocean, IPR2021-01342
`Page 2 of 5
`
`
`
`Case 6:21-cv-00063-ADA-JCM Document 14 Filed 04/16/21 Page 3 of 5
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`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
`
`
`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.
`
`
`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 shall exchange a
`proposed jury charge and questions for the
`jury. By this date the parties will also
`exchange draft Motions in Limine to
`determine which may be agreed.
`
`
`By this date the parties shall exchange any
`objections to the proposed jury charge, with
`supporting explanation and citation of
`controlling law.
`
`
`By this date the parties shall also submit to
`the Court their Motions in Limine.
`
`
`
`3
`
`July 1, 2022
`
`October 3, 2022
`
`October 14, 2022
`
`October 31, 2022
`
`October 31, 2022
`
`
`
`Applied Materials, Inc. Ex. 1037
`Applied v. Ocean, IPR2021-01342
`Page 3 of 5
`
`
`
`Case 6:21-cv-00063-ADA-JCM Document 14 Filed 04/16/21 Page 4 of 5
`
`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. By this date the parties will also
`submit to the Court their oppositions to
`Motions in Limine.
`
`
`Final Pre-Trial Conference.
`
`
`Jury Trial Commences
`
`
`
`November 15, 2022
`
`November 22, 2022 at 9:30 am
`
`December 5, 2022 at 9:00 am
`
`
`
`
`
`SIGNED this 16th day of April, 2021.
`
`
`
`
`
`
`
`
`
`
`
`JEFFREY C. MANSKE
`UNITED STATES MAGISTRATE JUDGE
`
`
`
`
`4
`
`Applied Materials, Inc. Ex. 1037
`Applied v. Ocean, IPR2021-01342
`Page 4 of 5
`
`
`
`Case 6:21-cv-00063-ADA-JCM Document 14 Filed 04/16/21 Page 5 of 5
`
`
`MICHAEL SPRINGMAN,
`
` Plaintiff,
`
`
`v.
`
`FUNTOWN ENTERPRISES, LLC, et.
`al.,
`
` Defendants.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`§
`§
`§
`§
`§
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`§
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`§
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`NOTICE AND STATEMENT REGARDING CONSENT
`TO UNITED STATES MAGISTRATE JUDGE
`
`
`
`
`
`
`
`CASE NO. 6:21-CV-00063-ADA-JCM
`
`
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`Notice of a magistrate judge’s availability. A United States Magistrate Judge is
`available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to
`order the entry of a final judgment. The judgment may then be appealed directly to the United
`States court of appeals like any other judgment of this court. A magistrate judge may exercise
`this authority only if all parties voluntarily consent. You may consent to have your case referred
`to a magistrate judge or you may withhold your consent without adverse substantive
`consequences.
`
`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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`5
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`Party:
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`Representative’s Signature
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`Date:
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`__________________
`__________________
`__________________
`__________________
`
`_______________________
`_______________________
`_______________________
`_______________________
`
`__________
`__________
`__________
`__________
`
`Applied Materials, Inc. Ex. 1037
`Applied v. Ocean, IPR2021-01342
`Page 5 of 5
`
`
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