Case 5:19-cv-00036-RWS Document 30 Filed 05/31/19 Page 1 of 3 PageID #: 347
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`Plaintiff,
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`MAXELL LTD.,
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`v.
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`APPLE INC,
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`Defendant.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`ORDER
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`CIVIL ACTION NO. 5:19-CV-00036-RWS
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`This case is set for a scheduling conference in Texarkana, Texas on June 19, 2019 at
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`11:30 a.m. before the undersigned. The purpose of the scheduling conference will be to confirm
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`the trial setting and to resolve any case management disputes or concerns.
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`The parties shall prepare and submit a joint motion attaching a joint proposed docket
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`control order,1 a joint proposed discovery order, and a joint proposed protective order, within the
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`time periods contained in the schedule set forth hereinafter.2 These orders shall be guided by the
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`sample docket control, discovery, and protective orders for patent cases that can be found on the
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`Court’s website.
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`The sample orders include provisions that require input from the parties. The sample
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`orders also include provisions that are mandatory and are not subject to change without showing
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`1 Additionally, the parties are encouraged to consider a Track B Case Management Order, available on Judge
`Schroeder’s website. See also General Order 14-3. If the parties elect Track B, they shall file a joint notice of Track
`B election seven days prior to the scheduling conference and will be excused from filing the proposed docket
`control, discovery, and protective orders. At the Scheduling Conference, the Court will discuss Track B specific
`dates with parties who elect Track B and finalize the Track B Initial Case Management Order. All parties shall be
`prepared to discuss Track B whether they elect it or not.
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`2 Timely submission of the parties’ proposed docket control order, proposed discovery order, and proposed
`protective order will be viewed by the Court as complying with the conference requirement of Rule 26(f).
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`Case 5:19-cv-00036-RWS Document 30 Filed 05/31/19 Page 2 of 3 PageID #: 348
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`good cause. Good cause is not shown by a mere indication of the parties’ agreement. Should
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`either party believe good cause can be shown to alter an otherwise mandatory provision, then
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`such party shall file a separate motion to alter the provision after the parties have filed the
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`proposed docket control, discovery, and protective orders with the mandatory provisions intact as
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`previously required above.
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`Furthermore, it is hereby ORDERED that the following schedule of deadlines shall be
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`incorporated into the proposed docket control order:
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`Jury Trial
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`Jury Selection
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`*October 26, 2020 at 9:00 a.m. in Texarkana, Texas
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`*October 19, 2020 at 9:00 a.m. in Texarkana, Texas
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`Pre-trial Conference
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`*October 6, 2020 at 10:00 a.m. in Texarkana, Texas
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`Dispositive Motion
`Hearing
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`*September 15, 2020 at 10:00 a.m. in Texarkana, Texas
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`Dispositive Motion
`Deadline
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`*June 9, 2020
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`Markman Hearing
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`*January 8, 2020 at 10:00 a.m. in Texarkana, Texas
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`3 Weeks After
`Scheduling Conference
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`*Comply with Paragraphs 1 & 3 of the Discovery Order (Initial and
`Additional Disclosures)
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`7 Days Before
`Scheduling Conference
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`File Proposed Docket Control Order, Proposed Discovery Order, and
`Proposed Protective Order
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`The proposed orders shall each be separately filed as a joint motion
`with the caption indicating whether or not the proposed order is
`opposed in any part. Any disputes should be redlined and each
`party’s position explained.
`(*) 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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`Page 2 of 3
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`Case 5:19-cv-00036-RWS Document 30 Filed 05/31/19 Page 3 of 3 PageID #: 349
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`The parties shall indicate in their joint motion submitting the proposed Docket Control
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`Order whether they believe a scheduling conference is necessary. After review of the proposed
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`Docket Control Order, Discovery Order and Protective Order, the Court may enter the orders and
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`cancel the scheduling conference. The Court will notify the parties of any cancellation.
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`Page 3 of 3
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`.
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`____________________________________
`ROBERT W. SCHROEDER III
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 31st day of May, 2019.
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