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`Exhibit “C”
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`Case 6:14-cv-00982-KNM Document 115-3 Filed 08/26/15 Page 2 of 6 PageID #: 736
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`Civil Action No. 6:14-cv-982-JRG
`
`CONSOLIDATED LEAD CASE
`
`
`
`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
`
`Plaintiff,
`
`
`v.
`
`LG ELECTRONICS, INC., ET AL.,
`
`Defendants.
`
`
`
`
`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
`
`July 11, 2016
`
`*Pretrial Conference – 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`*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.
`
`June 21, 2016
`
`
`June 8, 2016
`
`To be set by Court.
`The parties propose
`November
`
`To be set by Court
`
`Three (3) business
`days before the
`pretrial conference
`
`Jury
`Joint Proposed
`Joint Pretrial Order,
`*File
`Instructions,
`Joint Proposed Verdict Form, and
`Responses to Motions in Limine
`
`June 6, 2016
`
`September 19, 2016
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`
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`1
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`Case 6:14-cv-00982-KNM Document 115-3 Filed 08/26/15 Page 3 of 6 PageID #: 737
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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 party or parties
`making said request shall file a notice with the Court and
`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.
`
`May 30, 2016
`
`September 12, 2016
`
`May 23, 2016
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`September 9, 2016
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`Serve Objections to Rebuttal Pretrial Disclosures
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`May 23, 2016
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`September 9, 2016
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`Serve Objections to Pretrial Disclosures; and Serve
`Rebuttal Pretrial Disclosures
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`May 9, 2016
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`September 2, 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.
`
`April 4, 2016
`
`August 25, 2016
`
`Serve Pretrial Disclosures (Witness List, Deposition
`Designations, and Exhibit List) by the Party with the
`Burden of Proof
`
`May 2, 2016
`
`August 19, 2016
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`Deadline to Complete Expert Discovery
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`April 4, 2016
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`July 11, 2016
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`*Deadline to File Letter Briefs Regarding Dispositive
`Motions
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`February 8, 2016
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`July 11, 2016
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`Serve Disclosures for Rebuttal Expert Witnesses
`
`March 14, 2016
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`July 1, 2016
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`Deadline to Complete Fact Discovery and File Motions
`to Compel Discovery
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`February 22, 2016
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`July 1, 2016
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`2
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`Case 6:14-cv-00982-KNM Document 115-3 Filed 08/26/15 Page 4 of 6 PageID #: 738
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`Serve Disclosures for Expert Witnesses by the Party with
`the Burden of Proof
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`February 22, 2016
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`June 1, 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 18, 2016
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`May 6, 2016
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`December 28, 2015 April 13, 2016
`
`to Substantially Complete Document
`Deadline
`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 26, 2015
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`February 10, 2016
`
`*Claim Construction Hearing – 1:30 p.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`December 7, 2015
`
`*Comply with P.R. 4-5(d) (Joint Claim Construction
`Chart)
`
`November 23, 2015
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`*Comply with P.R. 4-5(c) (Reply Claim Construction
`Brief)
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`November 16, 2015
`
`Comply with P.R.
`Construction Brief)
`
`4-5(b)
`
`(Responsive Claim
`
`November 9, 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 26, 2015
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`Comply with P.R. 4-4 (Deadline to Complete Claim
`Construction Discovery)
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`October 12, 2015
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`File Response to Amended Pleadings
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`October 5, 2015
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`3
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`Case 6:14-cv-00982-KNM Document 115-3 Filed 08/26/15 Page 5 of 6 PageID #: 739
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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 21, 2015
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`
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`Comply with P.R. 4-3 (Joint Claim Construction
`Statement)
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`September 14, 2015
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`Comply with P.R. 4-2 (Exchange Preliminary Claim
`Constructions)
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`August 31, 2015
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`
`
`
`
`
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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.
`
`ADDITIONAL REQUIREMENTS
`
`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.
`
`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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`4
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`Case 6:14-cv-00982-KNM Document 115-3 Filed 08/26/15 Page 6 of 6 PageID #: 740
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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)
`
`(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;
`
`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.
`
`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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`5
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