Case 2:17-cv-00514-JRG Document 64 Filed 08/31/18 Page 1 of 4 PageID #: 2852
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
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`FIRST AMENDED DOCKET CONTROL ORDER
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`In accordance with the Court’s Order (Dkt. No. 57), it is hereby ORDERED that the
`
`
`
`
`Civil Action No. 2:17-CV-514-JRG
`(Lead Case)
`
`
`
`MEMBER CASES
`
`
`HTC CORPORATION,
`LG ELECTRONICS, INC., ZTE
`CORPORATION, ZTE (USA), INC., and
`ZTE (TX), INC.,
`
`
`Defendants.
`
`v.
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`
`
`
`
`
`
`following schedule of deadlines is in effect until further order of this Court:
`
`Date
`
`April 1, 2019
`
`March 1, 2019
`
`January 31, 2019
`
`January 28, 2019
`
`January 28, 2019
`
`Event
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`*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
`
`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.
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`

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`Case 2:17-cv-00514-JRG Document 64 Filed 08/31/18 Page 2 of 4 PageID #: 2853
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`Date
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`Event
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`January 28, 2019
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`Serve Objections to Rebuttal Pretrial Disclosures
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`January 23, 2019
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`January 18, 2019
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`January 18, 2019
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`January 14, 2019
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`January 11, 2019
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`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.
`
`Deadline to Complete Mediation
`
`The parties are responsible for ensuring that a mediation report is filed no
`later than 5 days after the conclusion of mediation.
`
`*File Motions to Strike Expert Testimony (including Daubert Motions)
`
`No motion to strike expert testimony (including a Daubert motion) may be
`filed after this date without leave of the Court.
`
`January 11, 2019
`
`*File Dispositive Motions
`
`No dispositive motion may be filed after this date without leave of the Court.
`
`Motions shall comply with Local Rule CV-56 and Local Rule CV-7.
`Motions to extend page limits will only be granted in exceptional
`circumstances. Exceptional circumstances require more than agreement
`among the parties.
`
`January 7, 2019
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`January 7, 2019
`
`Deadline to Complete Expert Discovery
`
`December 21, 2018
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`Serve Disclosures for Rebuttal Expert Witnesses
`
`December 17, 2018
`
`*Claim Construction Hearing – 1:30 p.m. in Marshall, Texas before Judge
`Rodney Gilstrap
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`

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`Case 2:17-cv-00514-JRG Document 64 Filed 08/31/18 Page 3 of 4 PageID #: 2854
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`Date
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`Event
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`December 7, 2018
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`Serve Disclosures for Expert Witnesses by the Party with the Burden of Proof
`
`December 7, 2018
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`Deadline to Complete Fact Discovery and File Motions to Compel Discovery
`
`December 3, 2019
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`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
`
`August 29, 2018
`
`Defendants to elect no more than 15 prior art references against each patent
`and no more than a total of 40 references.
`(*) 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.
`
`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.
`
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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.
`
`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;
`
`(b) 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;
`
`(c) 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
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`Case 2:17-cv-00514-JRG Document 64 Filed 08/31/18 Page 4 of 4 PageID #: 2855
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`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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`4 
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