Case 6:14-cv-00982-KNM Document 115-2 Filed 08/26/15 Page 1 of 6 PageID #: 729
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`Exhibit “B”
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`Case 6:14-cv-00982-KNM Document 115-2 Filed 08/26/15 Page 2 of 6 PageID #: 730
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`
`Plaintiff,
`
`
`v.
`
`SAMSUNG ELECTRONICS CO.,
`LTD., ET AL.,
`
`
`Defendants.
`
`
`
`
`
`
`
`Civil Action No. 6:14-cv-759-JRG
`
`
` 
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`
`
`ORDER GRANTING JOINT MOTION
`TO AMEND DOCKET CONTROL ORDER
`
`
`The Court, having considered the Joint Motion, hereby GRANTS the Motion to Amend
`
`Docket Control Order as follows:
`
`Event
`
`Current Deadline
`
`New Deadline
`
`*Jury Selection – 9:00 a.m. in Tyler, Texas before Judge
`Rodney Gilstrap
`
`June 6, 2016
`
`To be set by
`Court. The
`parties propose
`mid-September
`
`*Pretrial Conference – 9:00 a.m. in Marshall, Texas before
`Judge Rodney Gilstrap
`
`May 9, 2016
`
`To be set by
`Court
`
`*Notify Court of Agreements Reached During Meet and
`Confer
`The parties are ordered to meet and confer on any outstanding
`objections or motions in limine. The parties shall advise the
`Court of any agreements reached no later than 1:00 p.m. three
`(3) business days before the pretrial conference.
`
`May 4, 2016
`
`Three (3)
`business days
`before the pretrial
`conference
`
`*File Joint Pretrial Order, Joint Proposed Jury Instructions,
`Joint Proposed Verdict Form, and Responses to Motions in
`Limine
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`May 2, 2016
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`August 22, 2016
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`*File Notice of Request for Daily Transcript or Real Time
`Reporting.
`If a daily transcript or real time reporting of court proceedings
`is requested for trial, the parties making said request shall file
`a notice with the Court and e-mail the Court Reporter, Shelly
`Holmes, at shelly_holmes@txed.uscourts.gov.
`
`File Motions in Limine
`The parties shall limit their motions in limine to issues that if
`improperly introduced at trial would be so prejudicial that the
`Court could not alleviate the prejudice by giving appropriate
`instructions to the jury.
`
`April 25, 2016
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`August 15, 2016
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`April 18, 2016
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`August 5, 2016
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`Serve Objections to Rebuttal Pretrial Disclosures
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`April 18, 2016
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`August 5, 2016
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`Serve Objections to Pretrial Disclosures; and Serve Rebuttal
`Pretrial Disclosures
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`April 4, 2016
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`July 29, 2016
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`*File Dispositive Motions or Motions to Strike Expert
`Testimony (including Daubert Motions)
`No dispositive motion or motion to strike expert testimony
`(including a Daubert motion) may be filed after this date
`without leave of the Court.
`
`February 29, 2016
`
`July 21, 2016
`
`(Witness List, Deposition
`Serve Pretrial Disclosures
`Designations, and Exhibit List) by the Party with the Burden
`of Proof
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`March 28, 2016
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`July 15, 2016
`
`Deadline to Complete Expert Discovery
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`February 29, 2016
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`June 7, 2016
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`*Deadline to File Letter Briefs Regarding Dispositive Motions January 4, 2016
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`June 7, 2016
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`Serve Disclosures for Rebuttal Expert Witnesses
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`February 8, 2016
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`May 27, 2016
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`Deadline to Complete Fact Discovery and File Motions to
`Compel Discovery
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`January 18, 2016
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`May 27, 2016
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`Serve Disclosures for Expert Witnesses by the Party with the
`Burden of Proof
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`January 18, 2016
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`April 27, 2016
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`Deadline to Complete Mediation
`The parties are responsible for ensuring that a mediation
`report is filed no later than 5 days after the conclusion of
`mediation.
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`January 1, 2016
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`April 15, 2016
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`December 30, 2015 April 13, 2016
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`Deadline to Substantially Complete Document Production and
`Exchange Privilege Logs
`Counsel is expected to make good faith efforts to produce all
`required documents as soon as they are available and not wait
`until the substantial completion deadline.
`
`October 23, 2015
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`January 8, 2016
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`*Claim Construction Hearing – 1:30 p.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`December 4, 2015
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`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
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`November 20, 2015
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`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
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`November 13, 2015
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`Comply with P.R. 4-5(b) (Responsive Claim Construction
`Brief)
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`November 6, 2015
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`Comply with P.R. 4-5(a) (Opening Claim Construction Brief)
`and Submit Technical Tutorials (if any)
`Good cause must be shown to submit technical tutorials after
`the deadline to comply with P.R. 4-5(a).
`
`October 23, 2015
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`Comply with P.R. 4-4 (Deadline
`Construction Discovery)
`
`to Complete Claim
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`October 9, 2015
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`File Response to Amended Pleadings
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`October 2, 2015
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`Case 6:14-cv-00982-KNM Document 115-2 Filed 08/26/15 Page 5 of 6 PageID #: 733
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`*File Amended Pleadings
`It is not necessary to seek leave of Court to amend pleadings
`prior to this deadline unless the amendment seeks to assert
`additional patents.
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`September 18, 2015
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`
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`Comply with P.R. 4-3 (Joint Claim Construction Statement)
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`September 11, 2015
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`Comply with P.R. 4-2
`Constructions)
`
`(Exchange Preliminary Claim
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`August 28, 2015
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`(*) 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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`ADDITIONAL REQUIREMENTS
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`Notice of Mediator: The parties are to jointly file a notice that identifies the agreed upon
`mediator or indicates that no agreement was reached. If the parties do not reach an agreement,
`the Court will appoint a mediator. The parties should not file a list of mediators to be considered
`by the Court.
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`Summary Judgment Motions: Prior to filing any summary judgment motion, the
`parties must submit letter briefs seeking permission to file the motion. The opening letter brief
`in each of those matters shall be no longer than five (5) pages and shall be filed with the Court no
`later than the deadline for filing letter briefs. Answering letter briefs in each of those matters
`shall be no longer than five (5) pages and filed with the Court no later than fourteen (14) days
`thereafter. Reply briefs in each of those matters shall be no longer than three (3) pages and filed
`with the Court no later than five (5) days thereafter. The Court may decide the question on the
`submissions or hold a hearing or telephone conference to hear arguments and to determine
`whether the filing of any motion will be permitted. Letter briefs shall be filed without exhibits.
`Any requests to submit letter briefs after the deadlines outlined above must show good cause.
`
`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 under 35 U.S.C. § 101: Parties seeking to file dispositive motions under
`35 U.S.C. § 101 before the Court’s Claim Construction Order has issued may do so only upon a
`grant of leave from the Court after a showing of good cause, which shall be presented through
`the letter briefing process described above. Parties may file dispositive motions under 35 U.S.C.
`§ 101 without leave from the Court within two weeks of the issuance of the Court’s Claim
`Construction Order without use of the Court’s letter briefing process described above.
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`Case 6:14-cv-00982-KNM Document 115-2 Filed 08/26/15 Page 6 of 6 PageID #: 734
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`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
`
`(a)
`
`(b)
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`(c)
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`The fact that there are motions for summary judgment or motions to dismiss pending;
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`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;
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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.
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`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 to amend the DCO
`shall include a proposed order 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). In other
`words, the DCO in the proposed order should be complete such that one can clearly see all the
`remaining deadlines and the changes, if any, to those deadlines, rather than needing to also refer
`to an earlier version of the DCO.
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`Proposed DCO: The Parties’ Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘DCO’).”
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