`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`HUAWEI DEVICE USA INC. ET AL.,
`
`
`Defendants.
`
`
`Case No. 2:17-CV-0513-JRG
`(LEAD CASE)
`
`
`JURY TRIAL DEMANDED
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`APPLE, INC.,
`
`
`Defendant.
`
`Case No. 2:17-CV-0516-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`
`
`ORDER GRANTING JOINT MOTION TO AMEND DCO
`
`It is hereby ORDERED that the following schedule of deadlines is in effect until further
`
`order of this Court:
`
`New Proposed
`Current
`Deadline(s)
`Deadline(s)
`March 4, 2019 Unchanged
`
`February 21,
`2019
`
`Unchanged
`
`Event
`
`*Jury Selection – 9:00 a.m. in Marshall, Texas
`Before Judge Rodney Gilstrap
`*Pretrial Conference – 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`
`
`Case 2:17-cv-00513-JRG Document 328-1 Filed 01/28/19 Page 2 of 3 PageID #: 19999
`
`January 30,
`2019
`
`February 18,
`2019
`
`*Notify Court of Agreements Reached During Meet and
`Confer
`
`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.
`
`February 11,
`2019
`
`February 11,
`2019
`Unchanged
`
`*File Joint Proposed Jury Instructions and Joint Proposed
`Verdict Form1
`*File Joint Pretrial Order, Updated Exhibit Lists, Updated
`Witness Lists, and Updated Deposition Designations
`*File Responses to Motions in Limine
`
`January 28,
`2019
`
`January 28,
`2019
`January 28,
`2019
`
`
`
`(*) 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.
`
`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, Motions to Strike Expert Testimony, and Daubert
`Motions: For each motion, the moving party shall provide the Court with two (2) copies of the
`completed briefing (opening motion, response, reply, and if applicable, surreply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and
`must include the CM/ECF header. For expert-related motions, complete digital copies of the
`relevant expert report(s) and accompanying exhibits shall submitted on a single flash drive.
`These copies shall be delivered as soon as briefing has completed.
`
`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)
`
`The fact that there are motions for summary judgment or motions to dismiss pending;
`
`
`1 A Joint Motion to Amend the Docket Control Order regarding the Joint Proposed Jury Instructions and
`the Joint Proposed Verdict Form was filed on January 25, 2019 and is currently pending. Dkt. 327.
`
`
`
`2
`
`
`
`Case 2:17-cv-00513-JRG Document 328-1 Filed 01/28/19 Page 3 of 3 PageID #: 20000
`
`(b)
`
`(c)
`
`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.
`
`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’).”
`
`
`
`
`
`
`
`3
`
`