Case 6:21-cv-00796-ADA-JCM Document 15 Filed 10/03/21 Page 1 of 4
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` IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`TETRAD TECHNOLOGIES, LLC,
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`Plaintiff,
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`v.
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`IMPLUS FOOTCARE, LLC,
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`Defendant.
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`CIVIL NO. 6:21-CV-00796-ADA-JCM
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`SCHEDULING ORDER
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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:
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`Date
`10/4/2021
`3/25/2022
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`6/6/2022
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`6/13/2022
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`6/6/2022
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`Event
`Discovery commences on all issues.
`All motions to amend pleadings or to add parties shall be filed on or
`before this date.
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`Fact Discovery Deadline. 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 attorney’s fees and court costs at the conclusion
`of trial.
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`Each party shall complete and file the attached “Notice Concerning
`Reference to United States Magistrate Judge”
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`1
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`Applied Materials, Inc. Ex. 1034
`Applied v. Ocean, IPR2021-01348
`Page 1 of 4
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`Case 6:21-cv-00796-ADA-JCM Document 15 Filed 10/03/21 Page 2 of 4
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`6/13/2022
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`7/13/2022
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`7/13/2022
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`8/1/2022
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`8/15/2022
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`8/15/2022
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`8/22/2022
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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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`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.
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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
`26(a)(2)(B).
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`Expert Discovery Deadline.
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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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`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
`inter alia, exchange of exhibit
`deadlines,
`including,
`lists,
`designations of and objections to deposition testimony, and
`exchange of demonstratives.
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`2
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`Applied Materials, Inc. Ex. 1034
`Applied v. Ocean, IPR2021-01348
`Page 2 of 4
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`

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`Case 6:21-cv-00796-ADA-JCM Document 15 Filed 10/03/21 Page 3 of 4
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`9/12/2022
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`9/19/2022
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`9/19/2022
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`9/26/2022
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`11/17/2022 at 9:30
`a.m.
`12/05/2022 at 9:00
`a.m.
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`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.
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`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.
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`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.
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`Final Pre-Trial Conference.
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`Jury Trial Commences
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`SIGNED this 3rd day of October, 2021.
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`JEFFREY C. MANSKE
`UNITED STATES MAGISTRATE JUDGE
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`3
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`Applied Materials, Inc. Ex. 1034
`Applied v. Ocean, IPR2021-01348
`Page 3 of 4
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`

`

`Case 6:21-cv-00796-ADA-JCM Document 15 Filed 10/03/21 Page 4 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TETRAD TECHNOLOGIES, LLC,
`
`Plaintiff,
`
`v.
`
`IMPLUS FOOTCARE, LLC,
`
`Defendant.
`
`
`
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`CIVIL NO. 6:21-CV-00796-ADA-JCM
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`NOTICE AND STATEMENT REGARDING CONSENT
`TO UNITED STATES MAGISTRATE JUDGE
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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. 1034
`Applied v. Ocean, IPR2021-01348
`Page 4 of 4
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