Case 6:14-cv-00982-KNM Document 115-1 Filed 08/26/15 Page 1 of 7 PageID #: 722
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`Exhibit “A”
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`Case 6:14-cv-00982-KNM Document 115-1 Filed 08/26/15 Page 2 of 7 PageID #: 723
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`
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`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC
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`v.
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`HTC CORPORATION, et al.
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`CIVIL ACTION NO. 6:13-cv-507
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`CONSOLIDATED LEAD CASE
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`
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`ORDER GRANTING JOINT MOTION
`TO AMEND DOCKET CONTROL ORDER
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`The Court, having considered the Joint Motion, hereby GRANTS the Motion to
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`Amend Docket Control Order as follows:
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`Event
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`Current Deadline
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`New Deadline
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`Parties to File Motion to Seal Trial Exhibits, if they
`wish to seal any highly confidential exhibits.
`EXHIBITS: See order below regarding exhibits.
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`3 DAYS after
`conclusion of Trial
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`3 DAYS after
`conclusion of Trial
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`9:00 a.m. JURY TRIAL as reached at the United
`States District Court, 211 W. Ferguson, 3rd Floor,
`Courtroom of Judge Leonard Davis, Tyler, Texas.
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`April 11, 2016
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`9:00 a.m. JURY SELECTION at the United States
`District Court, 211 W. Ferguson, 3rd Floor,
`Courtroom of Judge Leonard Davis, Tyler, Texas.
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`April 4, 2016
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`To be set by Court
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`To be set by Court.
`The parties propose
`mid-July
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`9:00 a.m. PRETRIAL CONFERENCE at the United
`States District Court, 211 W. Ferguson, 3rd Floor,
`Courtroom of Judge Leonard Davis, Tyler, Texas.
`All pending motions will be heard.
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`Parties to file estimates of the amount of time they
`request at jury selection and trial for (1) voir dire, (2)
`opening statements, (3) direct and cross examinations,
`and (4) closing arguments.
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`March 24, 2016
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`To be set by Court
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`March 22, 2016
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`July 1, 2016
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`1
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`Case 6:14-cv-00982-KNM Document 115-1 Filed 08/26/15 Page 3 of 7 PageID #: 724
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`Responses to Motions in Limine due.
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`March 17, 2016
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`June 27, 2016
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`Motions in Limine due. The parties are directed to
`confer and advise the Court on or before 3:00 o’clock
`p.m. the day before the pre-trial conference which
`paragraphs are agreed to and those that need to be
`addressed at the pre-trial conference.
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`Joint Pretrial Order, Joint Proposed Jury
`Instructions with citation to authority and Form of
`the Verdict for jury trials due. Proposed Findings of
`Fact and Conclusions of Law with citation to authority
`for issues tried to the bench.
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`March 14, 2016
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`June 23, 2016
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`March 9, 2016
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`June 20, 2016
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`Pretrial Objections due.
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`March 4, 2016
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`June 16, 2016
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`Objections to Rebuttal Deposition Testimony due.
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`February 28, 2016
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`June 13, 2016
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`February 18, 2016
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`June 6, 2016
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`January 30, 2016
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`May 26, 2016
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`December 18, 2015
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`May 9, 2016
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`Rebuttal Designations and Objections to Deposition
`Testimony due; Parties to Identify Rebuttal Trial
`Witnesses. 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.
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`Pretrial Disclosures due; Parties to Identify Trial
`Witnesses.
`Video and Stenographic Deposition Designation due.
`Each party who proposes to offer deposition testimony
`shall file a disclosure identifying the line and page
`numbers to be offered.
`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
`and email the Court Reporter, Shea Sloan, at
`shea_sloan@txed.uscourts.gov.
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`Response to Dispositive Motions (including Daubert
`motions) due. Responses to dispositive motions filed
`prior to the dispositive motion deadline, including
`Daubert motions, shall be due in accordance with Local
`Rule CV-56 and Local Rule CV-7. Motions to extend
`page limits will only be granted in exceptional
`circumstances.
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`Case 6:14-cv-00982-KNM Document 115-1 Filed 08/26/15 Page 4 of 7 PageID #: 725
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`November 20, 2015
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`April 18, 2016
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`November 6, 2015
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`March 25, 2016
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`Dispositive Motions due from all parties and any
`other motions that may require a hearing (including
`Daubert motions) due. 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.
`
`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.
`
`for Summary
`Deadline to File Letter Briefs
`Judgment Motions and Daubert Motions. See the
`Court’s website for further information.
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`October 26, 2015
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`March 7, 2016
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`Expert Discovery Deadline.
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`Fact Discovery Deadline.
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`October 23, 2015
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`March 2, 2016
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`October 23, 2015
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`February 18, 2016
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`Parties designate rebuttal expert witnesses (non-
`construction issues), Rebuttal expert witness reports
`due. Refer to Local Rules for required information.
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`October 28, 2015
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`February 18, 2016
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`Parties with burden of proof designate expert witnesses
`(non-construction issues). Expert witness reports due.
`Refer to Local Rules for required information.
`Final Election of Asserted Prior Art pursuant to
`Paragraphs 3 and 5 of the Model Order Focusing
`Patent Claims and Prior Art to Reduce Costs.*
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`September 28, 2015
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`January 15, 2016
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`Final Election of Asserted Claims pursuant to
`Paragraphs 3 and 5 of the Model Order Focusing
`Patent Claims and Prior Art to Reduce Costs.*
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`August 31, 2015
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`December 18, 2015
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`Mediation Deadline.
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`August 31, 2015
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`December 1, 2015
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` *
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`As contemplated in the Model Order, the parties reserve the right to request
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`modification(s) of the limits established therein.
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`In the event that any of these dates fall on a weekend or Court holiday, the deadline is
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`modified to be the next Court business day.
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`Case 6:14-cv-00982-KNM Document 115-1 Filed 08/26/15 Page 5 of 7 PageID #: 726
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`The parties are directed to Local Rule CV-7(d), which provides in part that “[i]n the event
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`a party fails to oppose a motion in the manner prescribed herein the Court will assume that the
`party has no opposition.” Local Rule CV-7(e) provides that a party opposing a motion has 15
`days in which to serve and file supporting documents and briefs after which the Court will
`consider the submitted motion for decision.
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`OTHER LIMITATIONS
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`A.
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`B.
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`(a)
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`(b)
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`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.
`The following excuses will not warrant a continuance nor justify a failure to
`comply with the discovery deadline:
`
`(i)
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`(ii)
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`(iii)
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`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;
`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.
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`ORDER REGARDING EXHIBITS, EXHIBIT LISTS AND WITNESS LISTS:
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`ON FIRST DAY OF TRIAL, each party is required to have on hand the following:
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`(1) One (1) copy of their respective original exhibits. Each exhibit shall be properly
`labeled with the following information: Identified as either Plaintiff’s or
`Defendant’s Exhibit, the Exhibit Number and the Case Number. In addition,
`exhibits shall be placed in properly marked manila folders and contained in a box
`with handles. (Do not tender to the Court until instructed).
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`(2)
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`(3)
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`Three (3) hard copies of their exhibit list and witness list. These lists shall be
`tendered to the Courtroom Administrator at the beginning of trial.
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`One (1) copy of all exhibits on disk(s), USB Flash Drive(s), or portable hard
`drive(s). This shall be tendered to the Courtroom Administrator at the beginning
`of trial.
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`EXHIBIT LISTS DURING TRIAL:
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`(1)
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` On the first day of trial, each party should be prepared to offer en masse,
`exhibits NOT objected to by opposing party and tender to the Court a list of said
`exhibits. Parties are directed to entitle the list, “Plaintiff’s / Defendant’s Exhibits
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`Case 6:14-cv-00982-KNM Document 115-1 Filed 08/26/15 Page 6 of 7 PageID #: 727
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`Admitted on (DATE).” This list will be marked as Plaintiff’s / Defendant’s
`Exhibit List 1.
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` On the second day of trial and daily thereafter, parties shall offer any
`additional exhibits not objected to by opposing party and tender to the Court a list
`of said exhibits. This list should be entitled “Plaintiff’s / Defendant’s Exhibits
`Admitted on (DATE),” and will be marked as Plaintiff’s / Defendant’s Exhibit
`List 2, and so on until the conclusion of trial.
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` On the last day of trial, the parties shall tender to the Court three (3) copies
`of a cumulative list entitled, “Plaintiff’s / Defendant’s Final List of All Admitted
`Exhibits.”
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` ALL ADMITTED EXHIBITS WILL BECOME PART OF THE RECORD
`AND WILL GO TO THE JURY.
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` The Court urges the parties to meet and confer on a daily basis during trial
`regarding admission of exhibits, so as not to delay the trial proceedings.
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`(2)
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`(3)
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`(4)
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`(5)
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`At the conclusion of the evidentiary phase of trial, each party is to gather only those
`exhibits admitted during trial and tender those to the Courtroom Administrator, along
`with a copy of their final list of exhibits including the description of exhibits for the
`Jury’s use. The Courtroom Administrator shall verify the exhibits and final lists and
`tender them to the jury for their deliberations.
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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.
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`SEALED EXHIBITS: Within three (3) days of the conclusion of trial, parties to file a
`Motion to Seal Trial Exhibits, if they have highly confidential exhibits.
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`SUBMISSION OF FINAL LISTS AND EXHIBITS: Within seven (7) business days of
`the conclusion of trial or after entry of Order regarding Motion to Seal Trial Exhibits (if
`any), each party shall submit to the Court (to Chambers):
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`(1)
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`(2)
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`A hard copy of Final Exhibit List of Exhibits Admitted During Trial, listing only
`the exhibits admitted at trial and making a notation of any sealed exhibit. In
`addition parties shall provide the Court a disk containing this document in
`WordPerfect or Word format. For Example: Plaintiff will tender a list entitled,
`“Plaintiff’s Final Exhibit List of Exhibits Admitted During Trial.”
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`Two (2) separate copies of all sealed trial exhibits in PDF format on disk(s) or
`thumb drive(s); and, two separate copies of all other trial exhibits in PDF format
`on disk(s) or thumb drive(s). If tangible or over-sized exhibits were admitted,
`such exhibits shall be substituted with a photograph to be converted to a PDF file
`and shall be included in the Court’s disk(s) of admitted exhibits.
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`C.
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`D.
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`Case 6:14-cv-00982-KNM Document 115-1 Filed 08/26/15 Page 7 of 7 PageID #: 728
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`G.
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`(3)
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`Two (2) separate copies of transcripts of Video Depositions played during trial,
`along with a copy of the actual video deposition on disk(s) or thumb drive(s).
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`FILING AND STORAGE OF EXHIBITS: After receipt of final exhibit lists and
`exhibits, the Courtroom Administrator shall file and docket the parties’ respective lists,
`and the trial exhibits shall be stored in the Clerk’s Office, Tyler Division. Sealed
`Exhibits will be stored in the Clerk’s Office Vault.
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