Case 2:17-cv-00514-JRG Document 140 Filed 01/31/19 Page 1 of 6 PageID #: 9848
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`HTC CORPORATION,
`
`
`Defendant.
`
`
`
`
`Civil Action No.: 2:17-CV-514-JRG
`(LEAD CASE)
`
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`JOINT MOTION TO AMEND DOCKET CONTROL ORDER
`
`Plaintiff Agis Software Development, LLC and Defendants LG Electronics Inc. and HTC
`
`Corporation (collectively “The Parties”) hereby file this Joint Motion to Amend Docket Control
`
`Order. The parties have recently met and conferred regarding the deadline to file Motions in
`
`Limine. The parties note that currently, the deadline for both the Motions in Limine as well as the
`
`Responses to Motions in Limine is February 18, 2019. The parties agree to amend the Docket
`
`Control Order to move the deadline to file Motions in Limine to February 11, 2019, one week
`
`earlier, to allow time for the parties to respond to those Motions. Therefore, for good cause shown,
`
`the parties seek this amendment to the deadline for filing Motions in Limine as set in the Court’s
`
`Amended Docket Control Order [Dkt. No. 95] as follows:
`
`COURT’S DATE
`
`CHANGE
`
`EVENT
`
`April 1, 2019
`
`Unchanged
`
`March 1, 2019
`
`Unchanged
`
`*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
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
`Plaintiff,
`
`
`v.
`
`HTC CORPORATION,
`
`
`Defendant.
`
`
`
`
`Civil Action No.: 2:17-CV-514-JRG
`(LEAD CASE)
`
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`JOINT MOTION TO AMEND DOCKET CONTROL ORDER
`
`Plaintiff Agis Software Development, LLC and Defendants LG Electronics Inc. and HTC
`
`Corporation (collectively “The Parties”) hereby file this Joint Motion to Amend Docket Control
`
`Order. The parties have recently met and conferred regarding the deadline to file Motions in
`
`Limine. The parties note that currently, the deadline for both the Motions in Limine as well as the
`
`Responses to Motions in Limine is February 18, 2019. The parties agree to amend the Docket
`
`Control Order to move the deadline to file Motions in Limine to February 11, 2019, one week
`
`earlier, to allow time for the parties to respond to those Motions. Therefore, for good cause shown,
`
`the parties seek this amendment to the deadline for filing Motions in Limine as set in the Court’s
`
`Amended Docket Control Order [Dkt. No. 95] as follows:
`
`COURT’S DATE
`
`CHANGE
`
`EVENT
`
`April 1, 2019
`
`Unchanged
`
`March 1, 2019
`
`Unchanged
`
`*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
`
`1
`
`
`
`Case 2:17-cv-00514-JRG Document 140 Filed 01/31/19 Page 2 of 6 PageID #: 9849
`
`COURT’S DATE
`
`CHANGE
`
`EVENT
`
`February 21, 2019
`
`Unchanged
`
`
`February 18, 2019
`
`
`Unchanged
`
`February 18, 2019
`
`February 11, 2019
`
`February 18, 2019
`
`Unchanged
`
`February 13, 2019
`
`Unchanged
`
`February 8, 2019
`
`Unchanged
`
`February 8, 2019
`
`Unchanged
`
`*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.
`
`*File Joint Pretrial Order, Joint Proposed Jury
`Instructions, Joint Proposed Verdict Form,
`Responses to Motions in Limine, Updated
`Exhibit Lists, Updated Witness Lists, and
`Updated Deposition Designations
`
`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
`
`Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures
`
`Serve Pretrial Disclosures (Witness List,
`Deposition Designations, and Exhibit List) by
`the Party with the Burden of Proof
`
`*File Notice of Request for Daily Transcript or
`Real Time Reporting.
`
`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.
`
`2
`
`
`
`Case 2:17-cv-00514-JRG Document 140 Filed 01/31/19 Page 3 of 6 PageID #: 9850
`
`COURT’S DATE
`
`CHANGE
`
`EVENT
`
`February 8, 2019
`
`Unchanged
`
`Deadline to Complete Mediation
`
`The parties are responsible for ensuring that a
`mediation report 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.
`
`
`This joint motion is made to properly adjust the schedule to allow for proper time to
`
`respond to Motions in Limine. Accordingly, the parties respectfully request that the Court amend
`
`the Amended Docket Control Order [Dkt. No. 95] as provided above.
`
`
`
`Dated: January 31, 2019
`
`
`
`
`Respectfully submitted,
`
`/s/ Brian Craft
`Eric H. Findlay
`Texas Bar No. 00789886
`efindlay@findlaycraft.com
`Brian Craft
`Texas Bar No. 00789886
`bcraft@findlaycraft.com
`FINDLAY CRAFT P.C.
`102 N. College Avenue, Suite 900
`Tyler, TX 83402
`Tel: (903) 534-1100
`Fax: (903) 534-1137
`
`Matthew C. Bernstein, (Lead Attorney)
`CA State Bar No. 199240
`mbernstein@perkinscoie.com
`Miguel J. Bombach
`CA State Bar No. 274287
`mbombach@perkinscoie.com
`Kyle R. Canavera
`CA State Bar No. 314664
`kcanavera@perkinscoie.com
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130-2080
`
`3
`
`
`
`Case 2:17-cv-00514-JRG Document 140 Filed 01/31/19 Page 4 of 6 PageID #: 9851
`
`
`
`
`
`Tel: (858) 720-5700
`Fax: (858) 720-5799
`
`COUNSEL FOR DEFENDANT HTC
`CORPORATION
`
`
`/s/ J. Mark Mann
`J. Mark Mann
`State Bar No. 12926150
`mark@themannfirm.com
`G. Blake Thompson
`State Bar No. 24042033
`blake@themannfirm.com
`MANN | TINDEL | THOMPSON
`300 West Main Street
`Henderson, Texas 75652
`Tel: (903) 657-8540
`Fax: (903) 657-6003
`Michael A. Berta
`ARNOLD & PORTER KAYE SCHOLER LLP
`Three Embarcadero Center, 10th Floor
`San Francisco, CA 94111-4024
`Tel: (415) 471-3277
`Michael.Berta@arnoldporter.com
`
`James S. Blackburn
`Nicholas H. Lee
`Justin J. Chi
`ARNOLD & PORTER KAYE SCHOLER LLP
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`Tel: (213) 243-4156
`James.Blackburn@arnoldporter.com
`Nicholas.Lee@arnoldporter.com
`Justin.Chi@arnoldporter.com
`
`Bonnie Phan
`ARNOLD & PORTER KAYE SCHOLER LLP
`3000 El Camino Real
`Five Palo Alto Square, Suite 500
`Palo Alto, CA 94306-3807
`Tel: (650) 319-4500
`Bonnie.Phan@arnoldporter.com
`
`ATTORNEYS FOR DEFENDANT LG
`ELECTRONICS INC.
`
`4
`
`
`
`Case 2:17-cv-00514-JRG Document 140 Filed 01/31/19 Page 5 of 6 PageID #: 9852
`
`
`
`
`
`
`
`/s/ Alfred R. Fabricant
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Lawrence C. Drucker
`NY Bar No. 2303089
`Email: ldrucker@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`
`Shahar Harel
`NY Bar No. 4573192
`Email: sharel@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
`Timothy J. Rousseau
`NY Bar No. 4698742
`Email: trousseau@brownrudnick.com
`Daniel J. Shea, Jr.
`NY Bar No. 5430558
`Email: dshea@brownrudnick.com
`Justine Minseon Park
`NY Bar No. 5604483
`Email: apark@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: 212-209-4800
`Facsimile: 212-209-4801
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`
`5
`
`
`
`Case 2:17-cv-00514-JRG Document 140 Filed 01/31/19 Page 6 of 6 PageID #: 9853
`
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`McKOOL SMITH, P.C.
`104 East Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: 903-923-9000
`Facsimile: 903-923-9099
`
`ATTORNEYS FOR PLAINTIFF, AGIS
`SOFTWARE DEVELOPMENT LLC
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the above and foregoing document has been
`
`served on all counsel of record via the Court’s ECF system on January 31, 2019.
`
`
`
`
`
`
`
`/s/ Brian Craft
`Brian Craft
`
`
`
`
`6
`
`
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