Case 5:19-cv-00036-RWS Document 502 Filed 08/17/20 Page 1 of 6 PageID #: 26982
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`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
`
`ORDER
`
`Upon consideration of the Joint Motion to Partially Amend Docket Control Order
`
`(Docket No. 500), the Court finds the motion should be GRANTED.
`
`It is hereby ORDERED that the following schedule of deadlines is in effect until
`
`further order of this Court:
`
`3 DAYS after
`conclusion of Trial
`
`Parties to file Motion to Seal Trial Exhibits, if they wish to seal
`any highly confidential exhibits.
`
`December 7, 2020
`
`Court designated date – not
`flexible without good cause
`- Motion Required
`
`December 7, 2020
`
`Court designated date – not
`flexible without good cause
`- Motion Required
`
`November 12, 2020
`
`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.
`
`10:00 a.m. PRETRIAL CONFERENCE before Judge Robert W.
`Schroeder III, Texarkana, Texas.
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`

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`Court designated date – not
`flexible without good cause
`- Motion Required
`
`Discuss trial logistics and voir dire procedure. Resolve any pending
`motions or objections.
`
`Lead trial counsel must attend the pretrial conference.
`
`November 5, 2020
`
`[1 week before
`pretrial]
`
`File a Notice of Time Requested for (1) voir dire, (2) opening
`statements, (3) direct and cross examinations, and (4) closing
`arguments.
`
`Nivember 5, 2020
`
`File Responses to Motions in Limine.
`
`[1 week before
`pretrial]
`
`October 22, 2020
`
`File Motions in Limine and pretrial objections.
`
`[3 weeks before
`pretrial]
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`October 22, 2020
`
`[3 weeks before
`pretrial]
`
`October 15, 2020
`
`[4 weeks before
`pretrial]
`
`October 8, 2020
`
`[5 weeks before
`pretrial]
`
`The parties are ORDERED to meet and confer to resolve any
`disputes before filing any motion in limine or objection to pretrial
`disclosures.
`
`File Joint Final Pretrial Order, Joint Proposed Jury Instructions
`with citation to authority and Form of the Verdict for jury trials.
`
`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 and Reply
`Designations.
`
`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.
`
`October 8, 2020
`
`Exchange Rebuttal Designations and Objections to Deposition
`Testimony.
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`Case 5:19-cv-00036-RWS Document 502 Filed 08/17/20 Page 3 of 6 PageID #: 26984
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`[5 weeks before
`pretrial]
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`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.
`
`September 24, 2020
`
`[7 weeks before
`pretrial]
`
`September 15, 2020
`
`Court designated date – not
`flexible without good cause
`- Motion Required
`
`In the event that any of these dates fall on a weekend or Court holiday, the deadline
`is modified to be the next Court business day.
`
`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.”
`A party may request an oral hearing on a motion filed with the Court. Any such
`request shall be included in the text or in a footnote on the first page of the motion or any
`responsive pleading thereto. The Court does not hold telephonic hearings absent unusual
`circumstances.
`
`Other Limitations
`
`(a)
`
`The following excuses will not warrant a continuance or justify a failure to
`comply with the discovery deadline:
`(i)
`The fact that there are motions for summary judgment or motions to
`dismiss pending;
`The fact that one or more of the attorneys is set for trial in another court
`on the same day, unless the other setting was made prior to the date of
`this order or was made as a special provision for the parties in the other
`case;
`
`(ii)
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`Case 5:19-cv-00036-RWS Document 502 Filed 08/17/20 Page 4 of 6 PageID #: 26985
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`(iii)
`
`(b)
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`The failure to complete discovery prior to trial, unless the parties can
`demonstrate that it was impossible to complete discovery despite their
`good faith effort to do so.
`Amendments to the Docket Control Order (“DCO”): Any motion to alter any
`date on the DCO shall take the form of a motion to amend the DCO. The motion
`shall include a chart in the format of the DCO that lists all of the remaining
`dates in one column (as above) and the proposed changes to each date in an
`additional adjacent column (if there is no change for a date the proposed date
`column should remain blank or indicate that it is unchanged). The motion to
`amend the DCO shall also include a proposed DCO in traditional two-column
`format that incorporates the requested changes and that also lists all remaining
`dates. In other words, the DCO in the proposed order should be complete such
`that one can clearly see all the remaining deadlines rather than needing to also
`refer to an earlier version of the DCO.
`Indefiniteness: In lieu of early motions for summary judgment, the parties are
`directed to include any arguments related to the issue of indefiniteness in their
`Markman briefing, subject to the local rules’ normal page limits.
`Motions in Limine: Each side is limited to one (1) motion in limine addressing
`no more than ten (10) disputed issues. In addition, the parties may file a joint
`motion in limine addressing any agreed issues. The Court views motions in
`limine as appropriate for those things that will create the proverbial “skunk in
`the jury box,” e.g., that, if mentioned in front of the jury before an evidentiary
`ruling can be made, would be so prejudicial that the Court could not alleviate
`the prejudice with an appropriate instruction. Rulings on motions in limine do
`not exclude evidence, but prohibit the party from offering the disputed
`testimony prior to obtaining an evidentiary ruling during trial.
`Exhibits: Each side is limited to designating 250 exhibits for trial absent a
`showing of good cause. The parties shall use the exhibit list sample form on
`Judge Schroeder’s website.
`Deposition Designations: Each side is limited to designating no more than ten
`(10) hours of deposition testimony for use at trial absent a showing of good
`cause. As trial approaches, if either side needs to designate more than ten (10)
`hours, the party may file a motion for leave and show good cause. All
`depositions to be read into evidence as part of the parties’ case-in-chief shall be
`EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony;
`ONLY those portions which are relevant to the issues in controversy shall be
`read into evidence.
`(g) Witness Lists: The parties shall use the sample form on Judge Schroeder’s
`website.
`
`(c)
`
`(d)
`
`(e)
`
`(f)
`
`ORDER REGARDING EXHIBITS, EXHIBIT LISTS AND WITNESS LISTS:
`
`A.
`
`On the first day of trial, each party is required to have:
`
`(1) One copy of their respective original exhibits on hand. Each exhibit shall
`be properly labeled with the following information: Identified as either
`
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`Case 5:19-cv-00036-RWS Document 502 Filed 08/17/20 Page 5 of 6 PageID #: 26986
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`Plaintiff’s or Defendant’s Exhibit, the Exhibit Number and the Case
`Number.
`(2) Three hard copies of each party’s exhibit list and witness list on hand.
`(3) One copy of all exhibits on USB Flash Drive(s) or portable hard drive(s).
`This shall be tendered to the Courtroom Deputy at the beginning of trial.
`(4) One copy of all expert reports on CD. This shall be tendered to the
`Courtroom Deputy at the beginning of trial.
`
`B.
`
`The parties shall follow the process below to admit exhibits.
`
`(1) On the first day of trial, each party shall tender a preadmitted list of exhibits it
`plans to admit into evidence. This list shall include all exhibits which are NOT
`objected to or to which the Court has already overruled an objection. To the
`extent there are exhibits with outstanding objections for which the parties need
`a ruling from the Court, those exhibits should be separately included on the list
`and designated accordingly to reflect a pending objection. Parties shall entitle
`the list “[Plaintiff’s/Defendant’s] List of Preadmitted Exhibits.” If, during the
`course of the day’s testimony, a party wishes to offer an objected exhibit into
`evidence, the party may move for admission at the time it wishes to use that
`exhibit with a witness. The Court will then hear the opposing party’s objection
`and will rule on the objection at that time.
`
`(2) On each subsequent day of trial, the Court will commence by formally
`admitting all of the exhibits that were either unobjected to or allowed over
`objection and used during the previous day’s trial. The Court will ask for these
`exhibits to be read into the record and formally admitted into evidence at the
`beginning of that trial day. These will be the exhibits deemed admitted at trial.
`The parties shall keep a separate running list of all exhibits admitted throughout
`the course of trial.
`
`(3) At the conclusion of evidence, each party shall read into the record any exhibit
`that was used but not previously admitted during the course of trial and then
`tender its final list of every admitted exhibit, entitled “[Plaintiff’s/Defendant’s]
`Final List of All Admitted Exhibits.” To the extent there are exhibits that were
`not admitted during the course of trial, but for which there is agreement that
`they should be provided to the jury, the parties must inform the Court of those
`exhibits at the conclusion of evidence. The Court will then determine whether
`those exhibits will be allowed into the jury room for deliberations.
`
`C.
`
`At the conclusion of evidence, each party shall be responsible for pulling those
`exhibits admitted at trial and shall tender those to the Courtroom Deputy, who will
`verify the exhibits and tender them to the jury for their deliberations. One
`representative from each side shall meet with the Courtroom Deputy to verify the
`exhibit list.
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`Case 5:19-cv-00036-RWS Document 502 Filed 08/17/20 Page 6 of 6 PageID #: 26987
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`D.
`
`E.
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`At the conclusion of trial, all boxes of exhibits shall be returned to the respective
`parties and the parties are instructed to remove these exhibits from the courtroom.
`
`Within five business days of the conclusion of trial, each party shall submit to the
`Courtroom Deputy:
`
`(1)
`(2)
`
`(3)
`
`A Final Exhibit List of Exhibits Admitted During Trial in Word format.
`Two CD(s) containing admitted unsealed trial exhibits in PDF format. If
`the Court ordered any exhibits sealed during trial, the Sealed Exhibits shall
`be submitted on a separate CD. If tangible or over-sized exhibits were
`admitted, such exhibits shall be substituted with a photograph in PDF
`format.
`A disk containing the transcripts of Video Depositions played during trial,
`along with a copy of the actual video deposition.
`
`6
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`.
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`
`
`____________________________________
`ROBERT W. SCHROEDER III
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 17th day of August, 2020.
`
`