Case 2:15-cv-01274-JRG-RSP Document 54-1 Filed 12/22/15 Page 1 of 6 PageID #: 383
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
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`[PROPOSED] DOCKET CONTROL ORDER
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`Case No. 2:15-CV-1274-JRG-RSP
`LEAD CASE
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`JURY TRIAL DEMANDED
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`BLITZSAFE TEXAS, LLC,
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`Plaintiff,
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`v.
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`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.
`
`In accordance with the scheduling conference held in this case, it is hereby ORDERED
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`that the following schedule of deadlines is in effect until further order of this Court:
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`Default Date
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`Proposed Date (if not
`the Default Date)
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`February 6, 2017
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`January 11, 2017
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`January 4, 2017
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
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`*Pretrial Conference – 1:30 p.m. in Marshall,
`Texas before Judge Roy Payne
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`*Notify Court of Agreements Reached During
`Meet and Confer
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`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.
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`

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`Case 2:15-cv-01274-JRG-RSP Document 54-1 Filed 12/22/15 Page 2 of 6 PageID #: 384
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`January 2, 2017
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`December 26, 2016
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`December 19, 2016
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`December 19, 2016
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`December 12, 2016
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`November 28, 2016
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`October 31, 2016
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`October 31, 2016
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`October 10, 2016
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`September 19, 2016
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`*File Joint Pretrial Order, Joint Proposed Jury
`Instructions, Joint Proposed Verdict Form, and
`Responses to Motions in Limine
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`*File Notice of Request for Daily Transcript or
`Real Time Reporting.
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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.
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`File Motions in Limine
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`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.
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`Serve Objections
`Disclosures
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`to Rebuttal
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`Pretrial
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`Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures
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`(Witness List,
`Serve Pretrial Disclosures
`Deposition Designations, and Exhibit List) by
`the Party with the Burden of Proof
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`*File Dispositive Motions or Motions to Strike
`Expert Testimony (including Daubert Motions)
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`No dispositive motion or motion to strike expert
`testimony (including a Daubert motion) may be
`filed after this date without leave of the Court.
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`Deadline to Complete Expert Discovery
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`Serve Disclosures for Rebuttal Expert Witnesses
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`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
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`- 2 -
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`Case 2:15-cv-01274-JRG-RSP Document 54-1 Filed 12/22/15 Page 3 of 6 PageID #: 385
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`September 19, 2016
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`September 5, 2016
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`July 22, 2016
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`July 15, 2016
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`June 24, 2016
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`June 10, 2016
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`June 3, 2016
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`May 27, 2016
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`May 13, 2016
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`May 13, 2016
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`April 29, 2016
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`April 22, 2016
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`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
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`to File Letter Briefs Regarding
`*Deadline
`Dispositive Motions
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`Deadline to Complete Mediation
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`The parties are responsible for ensuring that a
`mediation report is filed no later than 5 days
`after the conclusion of mediation.
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`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
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`*Claim Construction Hearing – 9:00 a.m. in
`Marshall, Texas before Judge Roy Payne
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`*Comply with P.R. 4-5(d)
`Construction Chart)
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`(Joint Claim
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`*Comply with P.R. 4-5(c)
`Construction Brief)
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`(Reply Claim
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`Comply with P.R. 4-5(b) (Responsive Claim
`Construction Brief)
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`Comply with P.R. 4-5(a) (Opening Claim
`Construction Brief) and Submit Technical
`Tutorials (if any)
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`Good cause must be shown to submit technical
`tutorials after the deadline to comply with P.R.
`4-5(a).
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`Deadline to Substantially Complete Document
`Production and Exchange Privilege Logs
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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.
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`Comply with P.R. 4-4 (Deadline to Complete
`Claim Construction Discovery)
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`File Response to Amended Pleadings
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`- 3 -
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`

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`Case 2:15-cv-01274-JRG-RSP Document 54-1 Filed 12/22/15 Page 4 of 6 PageID #: 386
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`April 8, 2016
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`April 1, 2016
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`March 11, 2016
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`February 19, 2016
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`January 19, 2016
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`February 2, 2016
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`January 19, 2016
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`December 29, 2015
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`January 12, 2016
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`December 22, 2015
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`*File Amended Pleadings
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`It is not necessary to seek leave of Court to
`amend pleadings prior to this deadline unless
`the amendment seeks
`to assert additional
`patents.
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`Comply with P.R. 4-3 (Joint Claim Construction
`Statement)
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`Comply with P.R. 4-2 (Exchange Preliminary
`Claim Constructions)
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`Comply with P.R. 4-1 (Exchange Proposed
`Claim Terms)
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`Comply with P.R. 3-4 (Document Production
`Accompanying Invalidity Contentions)
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`Comply with P.R. 3-3 (Invalidity Contentions)
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`*File Proposed Protective Order and Comply
`with Paragraphs 1 & 3 of the Discovery Order
`(Initial and Additional Disclosures)
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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.
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`*File Proposed Docket Control Order and
`Proposed Discovery Order
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`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.
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`December 15, 2015
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`February 12, 2016
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`Join Additional Parties
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`December 11, 2015
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`December 8, 2015
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`*File Notice of Mediator
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`Scheduling Conference
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`- 4 -
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`Case 2:15-cv-01274-JRG-RSP Document 54-1 Filed 12/22/15 Page 5 of 6 PageID #: 387
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`November 24, 2015
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`Comply with P.R. 3-1 & 3-2 (Infringement
`Contentions)
`(*) 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.
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`ADDITIONAL REQUIREMENTS
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`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.
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`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.
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`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.
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`Motions under 35 U.S.C. § 101: Parties seeking to file dispositive motions under
`35 U.S.C. § 101 before the Court’s Claim Construction Order has issued may do so only upon a
`grant of leave from the Court after a showing of good cause, which shall be presented through
`the letter briefing process described above. Parties may file dispositive motions under 35 U.S.C.
`§ 101 without leave from the Court within two weeks of the issuance of the Court’s Claim
`Construction Order without use of the Court’s letter briefing process described above.
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`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
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`(a)
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`(b)
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`(c)
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`The fact that there are motions for summary judgment or motions to dismiss pending;
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`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;
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`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.
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`Case 2:15-cv-01274-JRG-RSP Document 54-1 Filed 12/22/15 Page 6 of 6 PageID #: 388
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`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.
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`Proposed DCO: The Parties’ Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘DCO’).”
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`- 6 -