`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`v.
`
`HTC CORPORATION,
`
`Plaintiff,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`Case No. 2:17-cv-514-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`THIRD 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:
`
`Original Date
`
`New Proposed
`Date
`
`April 1, 2019
`
`Unchanged
`
`Event
`
`*Jury Selection - 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`March 1, 2019
`
`Unchanged
`
`*Pretrial Conference – 9:00 a.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`February 21, 2019
`
`Unchanged
`
`*Notify Court of Agreements Reached During
`Meet and Confer
`
`February 18, 2019
`
`Unchanged
`
`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 94-2 Filed 12/18/18 Page 2 of 4 PageID #: 3450
`
`Original Date
`
`New Proposed
`Date
`
`Event
`
`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
`
`Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures
`
`February 8, 2019
`
`Unchanged
`
`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.
`
`January 18, 2019
`
`February 4, 2019
`
`*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.
`
`
`
`2
`
`
`
`Case 2:17-cv-00514-JRG Document 94-2 Filed 12/18/18 Page 3 of 4 PageID #: 3451
`
`Original Date
`
`New Proposed
`Date
`
`Event
`
`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
`
`(*) 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
`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:
`
`The fact that there are motions for summary judgment or motions to dismiss pending;
`
`(a)
`
`
`
`3
`
`
`
`Case 2:17-cv-00514-JRG Document 94-2 Filed 12/18/18 Page 4 of 4 PageID #: 3452
`
`(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 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’).”
`
`
`
`4
`
`