`
`IN THE UNITED STATES DISTRICT COURT
`OF THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`No. 5:19CV36-RWS
`
`§§
`
`§
`§
`§
`
`MAXELL, LTD.
`
`V.
`
`APPLE INC.
`
`ORDER REGARDING EXPEDITED BRIEFING SCHEDULE
`AND SETTING HEARING ON PENDING MOTIONS
`
`The following motions have been referred to the undersigned United States Magistrate Judge
`
`for pretrial purposes in accordance with 28 U.S.C. § 636:
`
`Maxell, Ltd.’s Opposed Motion for Sanctions (Docket Entry # 210); and
`
`Maxell, Ltd.’s Motion for Expedited Briefing on its Motion for Sanctions
`(Docket Entry # 211).
`
`The Court, having reviewed the motion for expedited briefing and without waiting for the response-
`
`time to run,1 is of the opinion the motion for expedited briefing is reasonable and should be
`
`GRANTED, as modified.
`
`Plaintiff Maxell, Ltd. (“Maxell”) requests an expedited briefing schedule with respect to its
`
`Opposed Motion for Sanctions, which was filed with the Court on March 5, 2020 and has been
`
`referred to the undersigned for consideration. Maxell requests the Court order Defendant Apple
`
`Inc. (“Apple”) to file its response to the motion for sanctions on or before March 13, 2020, with no
`
`additional briefing from the parties. Although Maxell is willing to waive reply briefing on the motion
`
`for sanctions given the urgency of the issues and sanctions requested therein, Maxell believes that
`
`1 Pursuant to Local Rule CV-7(e), a party has fourteen days (twenty-one days for summary judgment motions)
`in which to file a response to a motion, after which the Court will consider the submitted motion for decision. Any party
`may separately move for an order of the Court lengthening or shortening the response period.
`
`
`
`Case 5:19-cv-00036-RWS Document 215 Filed 03/06/20 Page 2 of 3 PageID #: 8876
`
`a hearing should be held to address the motion.
`
`Maxell believes expedited briefing is appropriate in view of the impact that the motion for
`
`sanctions has on the upcoming April 7, 2020 deadline for opening expert reports. According to
`
`Maxell, expedited briefing on the motion for sanctions will enable the Court to set for a single
`
`hearing the motion for sanctions and Maxell’s Opposed Motion to Compel (Docket Entry # 197),
`
`which has also been referred to the undersigned for consideration. Maxell argues there is overlap
`
`of issues between the two motions, and the most efficient result for both the parties and the Court
`
`is to set both motions for hearing as soon as practicable.
`
`The certificate of conference indicates Apple opposes an expedited briefing schedule.
`
`Although Apple has not yet had the opportunity to file a response to the motion for expedited
`
`briefing, considering the Court’s calendar, the Court finds Maxell’s request reasonable. Without
`
`waiting for a response, the Court grants the request, but modifies it to allow Apple more time than
`
`requested. Rather than order Apple’s expedited response to be filed by Friday, March 13, the
`
`Court will allow Apple to file its expedited response on or before Monday, March 16 at 8:00 a.m.2
`
`This will allow the Court to hear both ripe motions in one hearing on Tuesday, March 17, 2020,
`
`as set forth in more detail below. The Court will also allow the parties to file reply briefing
`
`following the Court’s hearing. Accordingly, it is
`
`ORDERED that Maxell, Ltd.’s Motion for Expedited Briefing on its Motion for Sanctions
`
`(Docket Entry # 211) is GRANTED, as modified. It is further
`
`ORDERED that Apple Inc. shall file an expedited response to Maxell, Ltd.’s Opposed
`
`Motion for Sanctions (Docket Entry # 210) on or before Monday, March 16, 2020 at 8:00 a.m. Any
`
`2 The Court notes Apple’s response deadline is shortened by only three days.
`
`2
`
`
`
`Case 5:19-cv-00036-RWS Document 215 Filed 03/06/20 Page 3 of 3 PageID #: 8877
`
`reply shall be filed on or before March 18, 2020 at noon, and any surreply shall be filed on or before
`
`March 23, 2020 at 8:00 a.m. It is further
`
`ORDERED that Maxell, Ltd.’s Opposed Motion to Compel (Docket Entry # 197) and
`
`Maxell, Ltd.’s Opposed Motion for Sanctions (Docket Entry # 210) are scheduled for hearing before
`
`the undersigned at 10:00 a.m on Tuesday, March 17, 2020 at the United States District Court, 500
`
`N. Stateline, Fourth Floor Courtroom, Texarkana Texas. Each side is limited to one hour for oral
`
`argument at the hearing. This includes presentation of both motions and any responses or replies
`
`thereto. It is further
`
`ORDERED that to the extent they have not already done so, the parties shall forward
`
`courtesy copies of all relevant briefing to the undersigned as soon as practicable.
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
