Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 1 of 6 PageID #: 451
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`QUEST NETTECH CORPORATION,
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
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`Defendant.
`
`§
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`§
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`Case No. 2:19-cv-118-JRG
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`JURY TRIAL DEMANDED
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`DOCKET CONTROL ORDER
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`In accordance with the scheduling conference held in this case, it is hereby
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`ORDERED that the following schedule of deadlines is in effect until further order of this Court:
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`September 14, 2020
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`August 17, 2020
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`August 3, 2020
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`*Pretrial Conference – 9:00 a.m. in Marshall, Texas before Judge
`Rodney Gilstrap
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`*Notify Deputy Clerk in Charge regarding the date and time by
`which juror questionnaires shall be presented to accompany by jury
`summons if the Parties desire to avail themselves the benefit of
`using juror questionnaires1
`
`August 3, 2020
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`*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.
`
`1The Parties are referred to the Court’s Standing Order Regarding Use of Juror
`Questionnaires in Advance of Voir Dire.
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`

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`Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 2 of 6 PageID #: 452
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`August 3, 2020
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`*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
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`July 27, 2020
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`*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.
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`July 20, 2020
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`File Motions in Limine
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`July 20, 2020
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`July 6, 2020
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`June 29, 2020
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`June 22, 2020
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`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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`Serve Objections to Rebuttal Pretrial Disclosures
`
`Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
`Disclosures
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`Serve Pretrial Disclosures (Witness List, Deposition Designations,
`and Exhibit List) by the Party with the Burden of Proof
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`*Response to Dispositive Motions (including Daubert Motions).
`Responses to dispositive motions that were filed prior to the
`dispositive motion deadline, including Daubert Motions, shall be
`due in accordance with Local Rule CV-7(e), not to exceed the
`deadline as set forth in this Docket Control Order.2 Motions for
`Summary Judgment shall comply with Local Rule CV-56.
`
`2The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s
`failure to oppose a motion in the manner prescribed herein creates a presumption that the
`party does not controvert the facts set out by movant and has no evidence to offer in opposition
`to the motion.” If the deadline under Local Rule CV 7(e) exceeds the deadline for
`Response to Dispositive Motions, the deadline for Response to Dispositive Motions controls.
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`Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 3 of 6 PageID #: 453
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`June 8, 2020
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`*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.
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`June 8, 2020
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`*File Dispositive Motions
`
`No dispositive motion may be filed after this date without leave of
`the Court.
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`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.
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`Deadline to Complete Expert Discovery
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`Serve Disclosures for Rebuttal Expert Witnesses
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`Deadline to Complete Fact Discovery and File Motions to Compel
`Discovery
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`Serve Disclosures for Expert Witnesses by the Party with the
`Burden of Proof
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`June 8, 2020
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`May 18, 2020
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`April 20, 2020
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`April 27, 2020
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`April 13, 2020
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`Deadline to Complete Mediation
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`The parties are responsible for ensuring that a mediation report is
`filed no later than 5 days after the conclusion of mediation.
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`April 6, 2020
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
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`March 16, 2020
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`*Claim Construction Hearing – 1:30 p.m. in Marshall, Texas
`before Judge Rodney Gilstrap
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`March 2, 2020
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`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
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`February 24, 2020
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`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
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`February 18, 2020
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`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
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`February 3, 2020
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`Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and
`Submit Technical Tutorials (if any)
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`Good cause must be shown to submit technical tutorials after the
`deadline to comply with P.R. 4-5(a).
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`

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`Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 4 of 6 PageID #: 454
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`February 3, 2020
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`Deadline to Substantially Complete Document Production and
`Exchange Privilege Logs
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`Counsel are expected to make good faith efforts to produce all
`required documents as soon as they are available and not wait until
`the substantial completion deadline.
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`January 21, 2020
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`Comply with P.R. 4-4 (Deadline to Complete Claim Construction
`Discovery)
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`January 13, 2020
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`File Response to Amended Pleadings
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`December 30, 2019
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`*File Amended Pleadings
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`It is not necessary to seek leave of Court to amend pleadings prior
`to this deadline unless the amendment seeks to assert additional
`patents.
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`December 23, 2019
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`Comply with P.R. 4-3 (Joint Claim Construction Statement)
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`December 2, 2019
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`Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)
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`November 12, 2019
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`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
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`September 12, 2019
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`Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
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`July 22, 2019
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`*File Proposed Protective Order and Comply with Paragraphs 1 & 3
`of the Discovery Order (Initial and Additional Disclosures)
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`The Proposed Protective Order shall be filed as a separate motion
`with the caption indicating whether or not the proposed order is
`opposed in any part.
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`July 15, 2019
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`*File Proposed Docket Control Order and Proposed Discovery
`Order
`
`The Proposed Docket Control Order and Proposed Discovery Order
`shall be filed as separate motions with the caption indicating
`whether or not the proposed order is opposed in any part.
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`July 8, 2019
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`July 5, 2019
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`Join Additional Parties
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`*File Notice of Mediator
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`June 27, 2019
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`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
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`

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`Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 5 of 6 PageID #: 455
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`(*) 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) hard copies of
`the completed briefing (opening motion, response, reply, and if applicable, sur-reply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and
`must include the CM/ECF header. These copies shall be delivered to the Court within three (3)
`business days after briefing has completed. For expert-related motions, complete digital copies
`of the relevant expert report(s) and accompanying exhibits shall submitted on a single flash drive
`to the Court. Complete digital copies of the expert report(s) shall be delivered to the Court no
`later than the dispositive motion deadline.
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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.
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`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
`
`(a)
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`(b)
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`(c)
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`The fact that there are motions for summary judgment or motions to dismiss pending;
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`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;
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`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.
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`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.
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`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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`Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 6 of 6 PageID #: 456
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`In issuing this Order, the Court finds that it is premature at this time to impose deadlines
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`for the Parties to narrow the scope asserted claims and references. (See Dkt. No. 30 1–2.)
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`So Ordered this
`Aug 8, 2019
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