Case 2:15-cv-01274-JRG-RSP Document 117 Filed 07/13/16 Page 1 of 5 PageID #: 2557
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Case No. 2:15-CV-1274-JRG-RSP
`LEAD CASE
`
`§§§§§§§§§§§§§§§§
`
`
`
`BLITZSAFE TEXAS, LLC,
`
`Plaintiff,
`
`v.
`
`HONDA MOTOR CO., LTD.;
`AMERICAN HONDA MOTOR CO.,
`INC.; HONDA OF AMERICA
`MANUFACTURING, INC.; HONDA
`MANUFACTURING OF ALABAMA,
`LLC; and HONDA MANUFACTURING
`OF INDIANA, LLC,
`
` Defendants.
`
`AMENDED DOCKET CONTROL ORDER
`
`Before the Court is Blitzsafe’s Unopposed Motion to Amend the Docket Control Order.
`
`Having considered the Unopposed Motion to Amend the Docket Control Order the Court Orders
`
`that the current Amended Docket Control Order (Dkt. No.56) be amended as follows:
`
`Current
`Date
`
`February 6,
`2017
`
`January 11,
`2017
`
`New Date
`
`Unchanged
`
`Unchanged
`
`in
`*Jury Selection – 9:00 a.m.
`Marshall, Texas before Judge Rodney
`Gilstrap
`
`*Pretrial Conference – 1:30 p.m. in
`Marshall, Texas before Judge Roy
`Payne
`
`

`
`Case 2:15-cv-01274-JRG-RSP Document 117 Filed 07/13/16 Page 2 of 5 PageID #: 2558
`
`January 4,
`2017
`
`Unchanged
`
`*Notify Court of Agreements Reached
`During Meet and Confer
`
`Unchanged
`
`Unchanged
`
`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.
`
`Joint
`Joint Pretrial Order,
`*File
`Joint
`Proposed
`Jury
`Instructions,
`Proposed Verdict Form, and Responses
`to Motions in Limine
`
`*File Notice of Request for Daily
`Transcript or Real Time Reporting.
`
`time
`transcript or real
`If a daily
`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.
`
`Unchanged
`
`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
`
`Pretrial
`to
`Objections
`Serve
`Disclosures; and Serve Rebuttal Pretrial
`Disclosures
`
`Unchanged
`
`Unchanged
`
`January 2,
`2017
`
`December 26,
`2016
`
`December 19,
`2016
`
`December 19,
`2016
`
`December 12,
`2016
`
`

`
`Case 2:15-cv-01274-JRG-RSP Document 117 Filed 07/13/16 Page 3 of 5 PageID #: 2559
`
`November 28,
`2016
`
`October 31,
`2016
`
`October 31,
`2016
`
`October 10,
`2016
`
`September 19,
`2016
`
`September 19,
`2016
`
`September 5,
`2016
`
`July 22, 2016
`
`Unchanged
`
`Unchanged
`
`Serve Pretrial Disclosures (Witness List,
`Deposition Designations, and Exhibit
`List) by the Party with the Burden of
`Proof
`
`*File Dispositive Motions or Motions to
`Strike Expert Testimony
`(including
`Daubert Motions)
`
`No dispositive motion or motion to
`strike expert testimony (including a
`Daubert motion) may be filed after this
`date without leave of the Court.
`
`Unchanged
`
`Deadline to Complete Expert Discovery
`
`Unchanged
`
`Unchanged
`
`Unchanged
`
`Unchanged
`
`July 28, 2016
`(Hyundai/Kia)
`
`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
`
`to File Letter Briefs
`*Deadline
`Regarding Dispositive Motions
`
`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.
`
`(*) 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.
`
`

`
`Case 2:15-cv-01274-JRG-RSP Document 117 Filed 07/13/16 Page 4 of 5 PageID #: 2560
`
`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.
`
`Summary Judgment Motions: Prior to filing any summary judgment motion, the
`parties must submit letter briefs seeking permission to file the motion. The opening letter brief
`in each of those matters shall be no longer than five (5) pages and shall be filed with the Court no
`later than the deadline for filing letter briefs. Answering letter briefs in each of those matters
`shall be no longer than five (5) pages and filed with the Court no later than fourteen (14) days
`thereafter. Reply briefs in each of those matters shall be no longer than three (3) pages and filed
`with the Court no later than five (5) days thereafter. The Court may decide the question on the
`submissions or hold a hearing or telephone conference to hear arguments and to determine
`whether the filing of any motion will be permitted. Letter briefs shall be filed without exhibits.
`Any requests to submit letter briefs after the deadlines outlined above must show good cause.
`
`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.
`
`

`
`Case 2:15-cv-01274-JRG-RSP Document 117 Filed 07/13/16 Page 5 of 5 PageID #: 2561
`
`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’).”