`
`IN THE UNITED STATES DISTRICT COURT
`OF THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`No. 5:19CV36-RWS
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`§§
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`§
`§
`§
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`MAXELL, LTD.
`
`V.
`
`APPLE INC.
`
`ORDER REGARDING HEARING ON PENDING MOTIONS
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`The following motions have been referred to the undersigned United States Magistrate Judge
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`for pretrial purposes in accordance with 28 U.S.C. § 636:
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`Maxell, Ltd.’s Opposed Motion to Compel (Docket Entry # 197); and
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`Maxell, Ltd.’s Opposed Motion for Sanctions (Docket Entry # 210).
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`Currently the motions are set for hearing March 17, 2020 at 10:00 a.m in Texarkana.
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`The undersigned has reviewed the briefing filed with the Court to date and is of the
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`opinion a hearing is not necessary. The undersigned therefore cancels the hearing set for March
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`17, 2020. That being said, to the extent any party is of the firm opinion a hearing is critical to the
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`Court’s consideration of the motions, a hearing could be reset but at a much later date given the
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`potential limitations on travel due to COVID-19. Any party insisting upon oral argument on the
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`motions shall notify the Court by email to Hailee_Amox@txed.uscourts.gov on or before Friday,
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`March 20, 2020 at 5:00 p.m.
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`In the meantime, the Court modifies the briefing schedule on the motion for sanctions as
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`follows. Apple Inc. (“Apple”) shall file its response to the motion for sanctions on or before
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`Thursday, March 19, 2020. Any reply shall be filed on or before March 25, 2020, and any
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`surreply shall be filed on or before March 31, 2020.
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`
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`Case 5:19-cv-00036-RWS Document 230 Filed 03/13/20 Page 2 of 2 PageID #: 9042
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`If neither party requests a hearing be reset, the Court will rely solely on the briefing
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`and rule as soon as practicable. The Court advises the parties it intends to issue orders the
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`week of April 6, 2020.1 Accordingly, it is
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`ORDERED that the March 17, 2020 hearing is CANCELLED. It is further
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`ORDERED that Apple Inc. shall file an expedited response to Maxell, Ltd.’s Opposed
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`Motion for Sanctions (Docket Entry # 210) on or before Thursday, March 19, 2020. Any reply shall
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`be filed on or before March 25, 2020, and any surreply shall be filed on or before March 31, 2020.
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`It is further
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`ORDERED that to the extent they have not already done so, the parties shall forward
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`courtesy copies of all relevant briefing to the undersigned as soon as practicable.
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`1 The Court understands Plaintiff Maxell, Ltd. (“Maxell”) requested expedited briefing and a single hearing on
`both motions due to the upcoming April 7, 2020 deadline for opening expert reports. To the extent either party believes
`an extension of any scheduling order deadlines (other than the pretrial and trial deadlines) is warranted in light of this
`order, the Court advises the parties to raise the issue with District Judge Schroeder.
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`2
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