`
`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
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`FOURTH AMENDED DOCKET CONTROL ORDER
`
`In accordance with the scheduling conference held in this case, it is hereby ORDERED
`
`that the following schedule of deadlines is in effect until further order of this Court:
`
`COURT’S DATE
`
`CHANGE
`
`EVENT
`
`April 1, 2019
`
`Unchanged
`
`March 1, 2019
`
`Unchanged
`
`February 21, 2019
`
`Unchanged
`
`
`February 18, 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
`
`*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
`
`
`
`Case 2:17-cv-00514-JRG Document 140-1 Filed 01/31/19 Page 2 of 3 PageID #: 9855
`
`COURT’S DATE
`
`CHANGE
`
`EVENT
`
`February 18, 2019
`
`February 11, 2019
`
`February 18, 2019
`
`Unchanged
`
`February 13, 2019
`
`Unchanged
`
`February 8, 2019
`
`Unchanged
`
`February 8, 2019
`
`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
`
`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.
`
`Unchanged
`
`February 8, 2019
`
`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.
`
`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
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`- 2 -
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`
`
`Case 2:17-cv-00514-JRG Document 140-1 Filed 01/31/19 Page 3 of 3 PageID #: 9856
`
`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)
`
`(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.
`
`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’).”
`
`
`
`
`
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`- 3 -
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`