Case 2:19-cv-00209-JRG Document 136 Filed 05/01/20 Page 1 of 4 PageID #: 3817
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`THE HILLMAN GROUP, INC.,
`
`Case No. 2:19-cv-00209-JRG
`
`Plaintiff,
`
`v.
`
`KEYME, LLC,
`
`Defendant.
`
`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:
`
`Amended Date
`
`March 26, 2020
`Second Amended
`Docket Control
`Order (D.I. 128)
`
`December 7, 2020
`
`November 9, 2020
`
`November 2, 2020
`
`*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 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
`
`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in
`Advance of Voir Dire.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`THE HILLMAN GROUP, INC.,
`
`Case No. 2:19-cv-00209-JRG
`
`Plaintiff,
`
`v.
`
`KEYME, LLC,
`
`Defendant.
`
`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:
`
`Amended Date
`
`March 26, 2020
`Second Amended
`Docket Control
`Order (D.I. 128)
`
`December 7, 2020
`
`November 9, 2020
`
`November 2, 2020
`
`*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 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
`
`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in
`Advance of Voir Dire.
`
`
`
`Case 2:19-cv-00209-JRG Document 136 Filed 05/01/20 Page 2 of 4 PageID #: 3818
`
`November 6, 2020
`
`October 26, 2020
`
`October 19, 2020
`
`*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 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.
`
`October 13, 2020
`
`File Motions in Limine
`
`October 13, 2020
`
`October 5, 2020
`
`September 21, 2020
`
`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.
`
`Serve Objections to Rebuttal Pretrial
`Disclosures
`
`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
`
`- 2 -
`
`
`
`Case 2:19-cv-00209-JRG Document 136 Filed 05/01/20 Page 3 of 4 PageID #: 3819
`
`September 14, 2020
`
`August 31, 2020
`
`*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.
`
`*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.
`
`August 31, 2020
`
`*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.
`
`Deadline to Complete Expert Discovery
`
`Serve Disclosures for Rebuttal Expert
`Witnesses
`
`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
`
`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
`
`August 24, 2020
`
`August 10, 2020
`
`July 20, 2020
`
`July 20, 2020
`
`2 The 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.
`
`- 3 -
`
`
`
`Case 2:19-cv-00209-JRG Document 136 Filed 05/01/20 Page 4 of 4 PageID #: 3820
`
`July 14, 2020
`
`June 23, 2020
`
`June 9, 2020
`
`June 2, 2020
`
`May 26, 2020
`
`May 12, 2020
`
`May 12, 2020
`
`May 12, 2020
`
`June 5, 2020
`
`May 22, 2020
`
`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
`
`*Claim Construction Hearing – 1:30 p.m. in
`Marshall, Texas before Judge Rodney
`Gilstrap
`
`*Comply with P.R. 4-5(d) (Joint Claim
`Construction Chart)
`
`*Comply with P.R. 4-5(c) (Reply Claim
`Construction Brief)
`
`Comply with P.R. 4-5(b) (Responsive Claim
`Construction Brief)
`
`Comply with P.R. 4-5(a) (Opening Claim
`Construction Brief) and Submit Technical
`Tutorials (if any)
`
`Good cause must be shown to submit technical
`tutorials after the deadline to comply with P.R.
`4-5(a).
`
`Deadline to Exchange Privilege Logs
`
`Deadline to Substantially Complete Document
`Production
`
`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.
`
`(*) 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.
`
`- 4 -
`
`.
`
`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 1st day of May, 2020.
`
`
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