Case 2:17-cv-00514-JRG Document 94 Filed 12/18/18 Page 1 of 7 PageID #: 3439
`
`IN THE UNITED STATES DISTRICT COURT FOR
`THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`HTC CORPORATION
`
`Defendant.
`
`LEAD CASE NO. 2:17-cv-514-JRG
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`MEMBER CASE NO. 2:17-cv-515-JRG
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC.
`
`Defendant.
`
`DEFENDANT LG ELECTRONICS, INC.’S
`UNOPPOSED MOTION TO AMEND THE DOCKET CONTROL ORDER
`
`Defendant LG Electronics, Inc. (“LGEKR”) respectfully moves to amend the Docket
`
`Control Order (D.I. 90) to extend the deadline to serve disclosures for rebuttal expert witnesses
`
`from December 28, 2018, to January 18, 2019. Good cause exists for the proposed amendment
`
`to the Docket Control Order in light of the unexpected death of the father of LGEKR’s rebuttal
`
`technical expert, Edward Tittel, on the morning of December 15, 2018 − the day after the parties
`
`exchanged opening reports. (See Declaration of Edward R. Tittel In Support Of LGEKR’s
`
`Unopposed Motion To Amend The Docket Control Order, filed concurrently herewith, ¶¶ 1-3.)
`
`Mr. Tittel will also be serving as the executor of his father’s estate, which, along with handling
`
`his funeral arrangements, is expected to occupy a significant amount of time in the coming
`
`- 1 -
`
`
`
`IN THE UNITED STATES DISTRICT COURT FOR
`THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`HTC CORPORATION
`
`Defendant.
`
`LEAD CASE NO. 2:17-cv-514-JRG
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`MEMBER CASE NO. 2:17-cv-515-JRG
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC.
`
`Defendant.
`
`DEFENDANT LG ELECTRONICS, INC.’S
`UNOPPOSED MOTION TO AMEND THE DOCKET CONTROL ORDER
`
`Defendant LG Electronics, Inc. (“LGEKR”) respectfully moves to amend the Docket
`
`Control Order (D.I. 90) to extend the deadline to serve disclosures for rebuttal expert witnesses
`
`from December 28, 2018, to January 18, 2019. Good cause exists for the proposed amendment
`
`to the Docket Control Order in light of the unexpected death of the father of LGEKR’s rebuttal
`
`technical expert, Edward Tittel, on the morning of December 15, 2018 − the day after the parties
`
`exchanged opening reports. (See Declaration of Edward R. Tittel In Support Of LGEKR’s
`
`Unopposed Motion To Amend The Docket Control Order, filed concurrently herewith, ¶¶ 1-3.)
`
`Mr. Tittel will also be serving as the executor of his father’s estate, which, along with handling
`
`his funeral arrangements, is expected to occupy a significant amount of time in the coming
`
`- 1 -
`
`
`
`Case 2:17-cv-00514-JRG Document 94 Filed 12/18/18 Page 2 of 7 PageID #: 3440
`
`weeks. (Id., ¶ 4.) Mr. Tittel has reluctantly informed counsel for LGEKR that he will not be
`
`available to work on the rebuttal expert witness reports during this period, which will run
`
`through the current deadline. (Id., ¶¶ 5-6.)
`
`Additionally, good cause exists for the proposed amendment to extend the deadline to
`
`complete mediation in light of the death of Chief Judge (ret.) David Folsom’s mother-in-law.
`
`The mediation, originally scheduled for December 18, 2018, is currently being rescheduled for a
`
`date to be determined in January, which, based on the parties’ availability, is likely to be after the
`
`current deadline to complete mediation.
`
`Furthermore, after extending the deadline for serving disclosures for rebuttal expert
`
`witnesses, a slight adjustment for four subsequent deadlines in the current docket control order is
`
`necessary. Accordingly, LGEKR respectfully requests that the current Docket Control Order be
`
`amended as follows:
`
`Original Date
`
`New Proposed
`Date
`
`April 1, 2019
`
`Unchanged
`
`March 1, 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
`
`*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.
`
`
`
`- 2 -
`
`
`
`Case 2:17-cv-00514-JRG Document 94 Filed 12/18/18 Page 3 of 7 PageID #: 3441
`
`Original Date
`
`New Proposed
`Date
`
`February 18, 2019
`
`Unchanged
`
`Event
`
`*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
`
`February 18, 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.
`
`February 18, 2019
`
`Unchanged
`
`Serve Objections to Rebuttal Pretrial Disclosures
`
`February 13, 2019
`
`Unchanged
`
`February 8, 2019
`
`Unchanged
`
`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
`
`February 8, 2019
`
`Unchanged
`
`*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.
`
`February 4, 2019
`
`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.
`
`
`
`- 3 -
`
`
`
`Case 2:17-cv-00514-JRG Document 94 Filed 12/18/18 Page 4 of 7 PageID #: 3442
`
`Original Date
`
`New Proposed
`Date
`
`January 18, 2019
`
`February 4, 2019
`
`Event
`
`*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 18, 2019
`
`February 4, 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 onlv be granted in exceptional
`circumstances. Exceptional circumstances
`require more than agreement among the parties.
`
`January 14, 2019
`
`January 28, 2019
`
`Deadline to Complete Expert Discovery
`
`January 14, 2019
`
`January 28, 2019
`
`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
`
`December 28, 2018
`
`January 18, 2019
`
`Serve Disclosures for Rebuttal Expert Witnesses
`
`All other deadlines would remain unchanged.
`
`The parties have conferred and agreed on all provisions of the proposed Third Amended
`
`Docket Control Order. Plaintiff AGIS Software Development LLC does not oppose this
`
`amendment. And, in the interest of judicial economy and keeping the cases consolidated,
`
`Defendant HTC Corporation does not oppose this amendment either.
`
`For the foregoing reasons, LGEKR requests that the Court amend the Docket Control
`
`Order as set forth above.
`
`
`
`
`
`
`
`- 4 -
`
`
`
`Case 2:17-cv-00514-JRG Document 94 Filed 12/18/18 Page 5 of 7 PageID #: 3443
`
`Dated: December 18, 2018
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`ARNOLD & PORTER KAYE SCHOLER
`LLP
`
`By:
`
`
`
`/s/ J. Mark Mann
`J. Mark Mann
`SBN: 12926150
`mark@themannfirm.com
`G. Blake Thompson
`SBN: 24042033
`blake@themannfirm.com
`MANN TINDEL THOMPSON
`300 West Main Street
`Henderson, Texas 75652
`Tel: 903-657-8540
`
`
`Michael A. Berta
`Michael.berta@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`Three Embarcadero Center
`10th Floor
`San Francisco, CA 94111-4024
`Tel: 415-471-3277
`
`James S. Blackburn
`James.blackburn@arnoldporter.com
`Nicholas H. Lee
`Nicholas.lee@arnoldporter.com
`Justin J. Chi
`Justin.chi@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`777 South Figueroa Street
`44th Floor
`Los Angeles, CA 90017-5844
`Tel: 213-243-4156
`
`Bonnie Phan
`Bonnie.phan@arnoldporter.com
`ARNOLD & PORTER
`KAYE SCHOLER LLP
`3000 El Camino Real
`
`- 5 -
`
`
`
`Case 2:17-cv-00514-JRG Document 94 Filed 12/18/18 Page 6 of 7 PageID #: 3444
`
`Five Palo Alto Square, Suite 500
`Palo Alto, CA 94306-3807
`Tel: 650-319-4500
`
`ATTORNEYS FOR DEFENDANT
`LG ELECTRONICS, INC.
`
`
`
`
`
`
`
`
`
`
`
`- 6 -
`
`
`
`Case 2:17-cv-00514-JRG Document 94 Filed 12/18/18 Page 7 of 7 PageID #: 3445
`
`CERTIFICATE OF CONFERENCE
`
`I hereby certify that counsel for Plaintiff and Defendant LG Electronics, Inc. have
`
`conferred regarding the foregoing Motion, and Plaintiff does not oppose the relief sought.
`
`/s/ J. Mark Mann
`J. Mark Mann
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that all counsel of record who are deemed to have
`
`consented to electronic service are being served with a copy of this document via ECF on
`
`December 18, 2018.
`
`/s/ J. Mark Mann
`J. Mark Mann
`
`
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