Case 6:14-cv-00982-KNM Document 162 Filed 11/20/15 Page 1 of 4 PageID #: 2027
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Civil Action No. 6:14-cv-982-JRG
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`CONSOLIDATED LEAD CASE
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`CELLULAR COMMUNICATIONS
`EQUIPMENT LLC,
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`Plaintiff,
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`v.
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`LG ELECTRONICS, INC., ET AL.,
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`Defendants.
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`AMENDED DOCKET CONTROL ORDER
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`Pursuant to the Court’s November 9, 2015 Order (D.I. 146), it is hereby ORDERED that
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`the following schedule of deadlines is in effect until further order of this Court:
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`November 7, 20161
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`*Jury Selection and Trial at 9:00 a.m. before Judge K. Nicole
`Mitchell, 211 W. Ferguson St., Rm. 353, Tyler, TX 75702
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`November 1, 2016
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`*Pretrial Conference at 9:00 a.m. before Judge K. Nicole Mitchell,
`211 W. Ferguson St., Rm. 353, Tyler, TX 75702
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`1 Since submission of the Parties’ Joint Motion to Amend the Docket Control Order (Dkt. No.
`148), counsel for Defendant Sony Mobile Communications (USA) Inc. has been scheduled, in a
`separate case in this District, for a November 7, 2016 pre-trial conference that conflicts with the
`first day of trial as currently scheduled in this matter. Trial in that case is scheduled to begin on
`December 5, 2016. The same attorney, Michael Rader of Wolf Greenfield, is lead trial counsel
`in both cases, and the Wolf Greenfield trial teams largely overlap. Counsel for Sony Mobile has
`discussed the conflict with counsel for the Plaintiff and the other Defendants in this case. The
`parties have agreed to seek the Court’s assistance in working around the aforementioned trial
`conflict. Sony Mobile requests, and the other parties assent to, a trial date for Sony Mobile in
`this matter of January 30, 2017 or February 6, 2017, if the Court’s calendar can accommodate
`one of those dates.
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`Case 6:14-cv-00982-KNM Document 162 Filed 11/20/15 Page 2 of 4 PageID #: 2028
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`October 27, 2016
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`October 24, 2016
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`October 24, 2016
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`October 17, 2016
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`*Notify Court of Agreements Reached During Meet and Confer
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`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.
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`*File Joint Pretrial Order, Joint Proposed Jury Instructions, Joint
`Proposed Verdict Form, and Responses to Motions in Limine
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`*File Notice of Request for Daily Transcript or Real Time
`Reporting.
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`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 e-mail the Court Reporter, Shelly
`Holmes, at shelly_holmes@txed.uscourts.gov.
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`File Motions in Limine
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`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.
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`October 21, 2016
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`Serve Objections to Rebuttal Pretrial Disclosures
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`October 14, 2016
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`Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
`Disclosures
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`September 30, 2016
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`Serve Pretrial Disclosures (Witness List, Deposition Designations,
`and Exhibit List) by the Party with the Burden of Proof
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`August 25, 2016
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`*File Dispositive Motions or Motions to Strike Expert Testimony
`(including Daubert Motions)
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`No dispositive motion or motion to strike expert testimony
`(including a Daubert motion) may be filed after this date without
`leave of the Court.
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`July 11, 2016
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`July 11, 2016
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`Deadline to Complete Expert Discovery
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`*Deadline to File Letter Briefs Regarding Dispositive Motions
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`July 1, 2016
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`Serve Disclosures for Rebuttal Expert Witnesses
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`July 1, 2016
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`June 1, 2016
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`May 6, 2016
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`May 25, 2016
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`March 23, 2016
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`Deadline to Complete Fact Discovery and File Motions to Compel
`Discovery
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`Serve Disclosures for Expert Witnesses by the Party with the
`Burden of Proof
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`Deadline to Complete Mediation
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`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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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
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`Deadline to Substantially Complete Document Production and
`Exchange Privilege Logs
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`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.
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`December 17, 2015
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`*Claim Construction Hearing – 9:00 a.m. in Tyler, Texas before
`Judge K. Nicole Mitchell
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`November 30, 2015
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`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
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`November 30, 2015
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`Deadline for Defendants to file Sur-Reply Claim Construction Brief
`(limited to indefiniteness issues)
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`November 18, 2015
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`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
`(including any expert declaration regarding indefiniteness)
`(*) 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
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`Case 6:14-cv-00982-KNM Document 162 Filed 11/20/15 Page 4 of 4 PageID #: 2030
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`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.
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`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.
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`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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`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
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`(a)
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`(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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