Case 2:17-cv-00514-JRG Document 271 Filed 04/01/19 Page 1 of 8 PageID #: 21328
`
`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`AGIS SOFTWARE DEVELOPMENT, LLC )(
` )( CIVIL ACTION NO.
` )( 2:17-CV-514-JRG
` )( MARSHALL, TEXAS
` )( MARCH 1, 2019
` )( 9:08 A.M.
`HTC CORPORATION
`___________________________________________________________
`
`VS.
`
`VS.
`
`AGIS SOFTWARE DEVELOPMENT, LLC )(
` )( CIVIL ACTION NO.
` )( 2:17-CV-515-JRG
` )( MARSHALL, TEXAS
` )( MARCH 1, 2019
` )( 9:08 A.M.
`PRETRIAL CONFERENCE
`BEFORE THE HONORABLE JUDGE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`
`LG ELECTRONICS, INC.
`
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`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`AGIS SOFTWARE DEVELOPMENT, LLC )(
` )( CIVIL ACTION NO.
` )( 2:17-CV-514-JRG
` )( MARSHALL, TEXAS
` )( MARCH 1, 2019
` )( 9:08 A.M.
`HTC CORPORATION
`___________________________________________________________
`
`VS.
`
`VS.
`
`AGIS SOFTWARE DEVELOPMENT, LLC )(
` )( CIVIL ACTION NO.
` )( 2:17-CV-515-JRG
` )( MARSHALL, TEXAS
` )( MARCH 1, 2019
` )( 9:08 A.M.
`PRETRIAL CONFERENCE
`BEFORE THE HONORABLE JUDGE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`
`LG ELECTRONICS, INC.
`
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`Case 2:17-cv-00514-JRG Document 271 Filed 04/01/19 Page 2 of 8 PageID #: 21329
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`2
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`APPEARANCES:
`
`FOR THE PLAINTIFF: (See Attorney Attendance Sheet docketed
`in minutes of this hearing.)
`
`FOR THE DEFENDANT: (See Attorney Attendance Sheet docketed
`in minutes of this hearing.)
`
`COURT REPORTER:
`
`Shelly Holmes, CSR, TCRR
`Official Court Reporter
`United States District Court
`Eastern District of Texas
`Marshall Division
`100 E. Houston
`Marshall, Texas 75670
`(903) 923-7464
`
`(Proceedings recorded by mechanical stenography, transcript
`produced on a CAT system.)
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`Case 2:17-cv-00514-JRG Document 271 Filed 04/01/19 Page 3 of 8 PageID #: 21330
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`3
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`I N D E X
`
`March 1, 2019
`
`Appearances
`Hearing
`Court Reporter's Certificate
`
`
`
`Page
`1
`3
`*
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`Case 2:17-cv-00514-JRG Document 271 Filed 04/01/19 Page 4 of 8 PageID #: 21331
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`4
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`COURT SECURITY OFFICER: All rise.
`THE COURT: Be seated, please.
`All right. This is the time set for pre-trial
`matters to be taken up by the Court in two consolidated
`cases. These consolidated cases are AGIS versus HTC, the
`lead case, which is Case No. 2:17-CV-514, and the member
`case is AGIS versus LG, Case No. 2:17-CV-515.
`The Court will call for announcements at this
`
`time.
`
`What says the Plaintiff, AGIS?
`MR. BAXTER: Good morning, Your Honor. Sam Baxter
`with McKool Smith along with my partner, Jennifer Truelove,
`Fred Fabricant, Peter Lambrianakos, and Vincent Rubino.
`We're ready, Your Honor, but I'm pleased to announce that
`we have settled both of these cases, Your Honor, as of this
`morning. And so, hopefully, the pretrial will be
`unnecessary.
`THE COURT: All right. Mr. Baxter, that's very
`good news.
`Let me get the announcements from the remaining
`parties.
`What's the announcement from HTC?
`MR. FINDLAY: Good morning, Your Honor. Eric
`Findlay on behalf of HTC. Also with me is my partner,
`Brian Craft, Gil Gillam, as well, and Matthew Berstein,
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`Case 2:17-cv-00514-JRG Document 271 Filed 04/01/19 Page 5 of 8 PageID #: 21332
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`5
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`Miguel Bombach, Kyle Canavera, and from HTC, Mr. David
`Wiggins, and I can confirm Mr. Baxter's representation that
`we have settled the case, Your Honor. We're ready to
`proceed.
`THE COURT: Thank you, Mr. Findlay.
`What's the announcement for LG?
`MR. MANN: Good morning, Your Honor. Mark Mann on
`behalf of LG. And with me today, Mike Berta, Nick Lee, and
`Dennis Blackburn, and I will confirm what Mr. Baxter said
`as of 7:30 this morning.
`THE COURT: All right. Thank you.
`Well, let me say this, counsel, you've made me a
`happy judge this morning. I want to commend all the
`parties for their hard work. I'm sure it was not easy.
`Settlements never are, but they're often the better part of
`valor. And with regard to these two cases, I'm pleased
`that you were able to resolve your differences.
`I will remind you that until the Court's received
`a motion notifying the Court in writing that you have
`resolved your disputes and settled your cases and are
`seeking a stay of the Court of your deadlines, your
`deadlines remain in place. So I would trust and hope that
`those motions respectively will be filed before the day is
`out. And I'll give them prompt attention and get an order
`entered staying your deadlines.
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`Case 2:17-cv-00514-JRG Document 271 Filed 04/01/19 Page 6 of 8 PageID #: 21333
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`My intent is to afford each side the typical 30
`days during which to submit dismissal papers. I assume
`there's no compelling reason in this case why that number
`should be different. It's probably a good time to ask.
`MR. BAXTER: It's not, Your Honor. I think we
`have an agreement with LG for at least 60 days as far as
`payment is concerned, but I think the papers can be done in
`shorter time than that.
`MR. BERTA: I think that's right. There is an
`issue potentially with respect to payment if we have an
`agreement that is not contingent on payment for the papers,
`then we should be able to do the papers in 30 days, but
`that's the only caveat, Your Honor.
`THE COURT: Okay. All right. Anything on the
`other cases that's noteworthy?
`MR. BAXTER: No, Your Honor, there's not.
`MR. FINDLAY: No, Your Honor.
`MR. BAXTER: I just talked to Mr. Findlay, and I
`think we're in agreement on that.
`THE COURT: Well, my plan will be to direct and
`order the parties in both cases to submit the dismissal
`papers within 30 days. If during that 30-day interim
`something arises that is ministerial in nature that would
`warrant a delay but doesn't cause any other problems, you
`can certainly submit an unopposed motion for some brief
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`Case 2:17-cv-00514-JRG Document 271 Filed 04/01/19 Page 7 of 8 PageID #: 21334
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`7
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`extension. Okay.
`MR. BERTA: Thank you, Your Honor.
`THE COURT: Counsel, thank you very much for your
`hard work. With the announcements in the record that have
`been taken, the Court finds there's no need -- despite
`significant preparation, there's no need to go forward with
`the pretrial hearings today.
`That will conclude this hearing, and you are
`excused. The Court stands in recess.
`COURT SECURITY OFFICER: All rise.
`(Hearing concluded.)
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`Case 2:17-cv-00514-JRG Document 271 Filed 04/01/19 Page 8 of 8 PageID #: 21335
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`8
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`CERTIFICATION
`
`I HEREBY CERTIFY that the foregoing is a true and
`correct transcript from the stenographic notes of the
`proceedings in the above-entitled matter to the best of my
`ability.
`
` /S/ Shelly Holmes
`SHELLY HOLMES, CSR, TCRR
`OFFICIAL REPORTER
`State of Texas No.: 7804
`Expiration Date: 12/31/20
`
`4/1/19
`Date
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