Case 5:19-cv-00036-RWS Document 277-1 Filed 04/14/20 Page 1 of 5 PageID #: 9964
`
`
`
`JOINT IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-0036-RWS
`
`
`JURY TRIAL DEMANDED
`
`
`
`AMENDED DOCKET CONTROL ORDER
`
`
`It is hereby ORDERED that the following schedule of deadlines is in effect until further
`
`order of this Court:
`
`Date
`
`Event
`
`Parties to file Motion to Seal Trial Exhibits, if they wish to seal any
`highly confidential exhibits.
`
`
`
`EXHIBITS: See Order Regarding Exhibits below.
`
`9:00 a.m. JURY TRIAL before Judge Robert W. Schroeder III,
`Texarkana, Texas.
`
`
`
`For planning purposes, parties shall be prepared to start the
`evidentiary phase of trial immediately following jury selection.
`
`9:00 a.m. JURY SELECTION before Judge Robert W.
`Schroeder III, Texarkana, Texas.
`
`3 DAYS after
`conclusion of
`Trial
`
`October 26, 2020
`
`
`
`Court designated
`date – not flexible
`without good cause -
`Motion Required
`
`October 26, 2020
`
`
`
`Court designated
`date – not flexible
`without good cause -
`Motion Required
`
`
`
`
`
`
`
`JOINT IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-0036-RWS
`
`
`JURY TRIAL DEMANDED
`
`
`
`AMENDED DOCKET CONTROL ORDER
`
`
`It is hereby ORDERED that the following schedule of deadlines is in effect until further
`
`order of this Court:
`
`Date
`
`Event
`
`Parties to file Motion to Seal Trial Exhibits, if they wish to seal any
`highly confidential exhibits.
`
`
`
`EXHIBITS: See Order Regarding Exhibits below.
`
`9:00 a.m. JURY TRIAL before Judge Robert W. Schroeder III,
`Texarkana, Texas.
`
`
`
`For planning purposes, parties shall be prepared to start the
`evidentiary phase of trial immediately following jury selection.
`
`9:00 a.m. JURY SELECTION before Judge Robert W.
`Schroeder III, Texarkana, Texas.
`
`3 DAYS after
`conclusion of
`Trial
`
`October 26, 2020
`
`
`
`Court designated
`date – not flexible
`without good cause -
`Motion Required
`
`October 26, 2020
`
`
`
`Court designated
`date – not flexible
`without good cause -
`Motion Required
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 277-1 Filed 04/14/20 Page 2 of 5 PageID #: 9965
`
`Date
`
`Event
`
`October 6, 2020
`
`10:00 a.m. PRETRIAL CONFERENCE before Judge Robert W.
`Schroeder III, Texarkana, Texas.
`
`
`
`Discuss trial logistics and voir dire procedure. Resolve any pending
`motions or objections.
`
`
`
`Lead trial counsel must attend the pretrial conference.
`
`File a Notice of Time Requested for (1) voir dire, (2) opening
`statements, (3) direct and cross examinations, and (4) closing
`arguments.
`
`File Responses to Motions in Limine.
`
`File Motions in Limine and pretrial objections.
`
`
`
`The parties are ORDERED to meet and confer to resolve any
`disputes before filing any motion in limine or objection to pretrial
`disclosures.
`
`September 29,
`2020
`
`
`
`[1 week before
`pretrial]
`
`September 29,
`2020
`
`
`
`[1 week before
`pretrial]
`
`September 22,
`2020
`
`
`
`[2 weeks before
`pretrial]
`
`September 22,
`2020
`
`File Joint Final Pretrial Order, Joint Proposed Jury Instructions
`with citation to authority and Form of the Verdict for jury trials.
`
`
`
`
`
`[2 weeks before
`pretrial]
`
`Parties shall use the pretrial order form on Judge Schroeder’s
`website.
`
`
`
`Proposed Findings of Fact and Conclusions of Law with citation to
`authority for issues tried to the bench.
`
`Exchange Objections to Rebuttal Deposition Testimony.
`
`September 15,
`2020
`
`
`
`[3 weeks before
`pretrial]
`
`
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 277-1 Filed 04/14/20 Page 3 of 5 PageID #: 9966
`
`Date
`
`Event
`
`September 8, 2020
`
`
`
`[4 weeks before
`pretrial]
`
`September 8, 2020
`
`
`
`[4 weeks before
`pretrial]
`
`Notice of Request for Daily Transcript or Real Time Reporting of
`Court Proceedings due.
`
`
`
`If a daily transcript or real time reporting of court proceedings is
`requested for trial or hearings, the party or parties making said
`request shall file a notice with the Court.
`
`Exchange Rebuttal Designations and Objections to Deposition
`Testimony.
`
`
`
`For rebuttal designations, cross examination line and page numbers
`to be included.
`
`
`
`In video depositions, each party is responsible for preparation of the
`final edited video in accordance with their parties’ designations and
`the Court’s rulings on objections.
`
`Exchange Pretrial Disclosures (Witness List, Deposition
`Designations, and Exhibit List) by the Party with the Burden of
`Proof.
`
`
`
`Video and Stenographic Deposition Designation due. Each party
`who proposes to offer deposition testimony shall serve a disclosure
`identifying the line and page numbers to be offered.
`
`10:00 a.m. HEARING ON ANY REMAINING DISPOSITIVE
`MOTIONS (INCLUDING DAUBERT MOTIONS) before Judge
`Robert W. Schroeder III, Texarkana, Texas.
`
`August 25, 2020
`
`
`
`[4 weeks before
`pretrial]
`
`September 15,
`2020
`
`
`
`Court designated
`date – not flexible
`without good cause -
`Motion Required
`
`
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 277-1 Filed 04/14/20 Page 4 of 5 PageID #: 9967
`
`
`
`Date
`
`Event
`
`June 30, 2020
`
`
`
`Court designated
`date – not flexible
`without good cause -
`Motion Required
`
`Any Remaining Dispositive Motions1 due from all parties and
`any other motions that may require a hearing (including Daubert
`motions).
`
`
`
`
`
`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.
`
`
`
`For each motion filed, the moving party shall provide the Court with
`one (1) copy of the completed briefing (opening motion, response,
`reply, and if applicable, surreply), excluding exhibits, in a three-ring
`binder appropriately tabbed. All documents shall be double-sided
`and must include the CM/ECF header. These copies shall be
`delivered to Judge Schroeder’s chambers in Texarkana as soon as
`briefing has completed.
`
`
`
`Respond to Amended Pleadings.
`
`July 2, 2020
`
`Parties to Identify Rebuttal Trial Witnesses.
`
`
`
`[1 week before
`dispositive
`motions]
`
`June 25, 2020
`
`
`
`[2 weeks before
`dispositive
`motions]
`
`Parties to Identify Trial Witnesses; Amend Pleadings (after Markman
`Hearing).
`
`
`
`It is not necessary to file a Motion for Leave to Amend before the
`deadline to amend pleadings. It is necessary to file a Motion for
`Leave to Amend after the deadline. However, except as provided in
`Patent Rule 3-6, if the amendment would affect infringement
`contentions or invalidity contentions, a motion must be made
`pursuant to Patent Rule 3-6 irrespective of whether the amendment is
`made prior to this deadline.
`
`June 25, 2020
`
`Expert Discovery Deadline.
`
`
`
`[2 weeks before
`dispositive
`motions]
`
`
`1 I.e. any motions on issues other than indefiniteness.
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 277-1 Filed 04/14/20 Page 5 of 5 PageID #: 9968
`
`Date
`
`Event
`
`June 4, 2020
`
`
`
`[5 weeks before
`dispositive
`motions]
`
`May 7, 2020
`
`
`
`[9 weeks before
`dispositive
`motions]
`
`Parties designate rebuttal expert witnesses (non-construction issues),
`rebuttal expert witness reports due. Refer to Local Rules for required
`information.
`
`
`
`If, without agreement, a party serves a supplemental expert report
`after the rebuttal expert report deadline has passed, the serving party
`must file notice with the Court stating service has occurred and the
`reason why a supplemental report is necessary under the
`circumstances.
`
`Parties with burden of proof designate expert witnesses (non-
`construction issues). Expert witness reports due. Refer to Local
`Rules for required information.
`
`April 30, 2020
`
`Deadline to complete all fact depositions.
`
`
`
`
`
`
`
`
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