Case 1:20-cv-00765-DAE Document 66 Filed 08/23/23 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`NO: AU:20-CV-00765-DAE
`
`§§§§§
`
`Bandspeed LLC
`
`vs.
`
`Realtek Semiconductor Corporation
`
`ORDER FOR SCHEDULING RECOMMENDATIONS
`AND ADVISORY CONCERNING MAGISTRATE JUDGE ASSIGNMENT
`
`At the request of the Bar, the District Judges have implemented a procedure
`
`whereby a Magistrate Judge is assigned to each civil case at the time it is filed.
`The assignments are made randomly and are evenly divided among the Magistrate
`Judges. If a pretrial matter is referred by the District Judge, it will be handled by
`the Magistrate Judge to whom the case was assigned. Similarly, if the parties
`consent to Magistrate Judge jurisdiction, the case will be placed on the docket of
`the assigned Magistrate Judge for all future proceedings, including entry of
`judgment.
`
`In an effort to assist the parties in resolving this dispute as expeditiously and
`efficiently as possible, and in accordance with Rule CV-16(c) of the Local Court
`Rules of the Western District of Texas,
`
`IT IS HEREBY ORDERED that the parties shall submit a proposed
`scheduling order to the Court within thirty (30) days from the date of this order.
`The parties shall first confer as required by Fed R. Civ. P. 26(f). The content of
`the proposed scheduling order shall include proposals for all deadlines set out in
`the form for scheduling order attached hereto and contained in Appendix "B" to
`the Local Rules. The parties shall endeavor to agree concerning the contents of
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`NO: AU:20-CV-00765-DAE
`
`§§§§§
`
`Bandspeed LLC
`
`vs.
`
`Realtek Semiconductor Corporation
`
`ORDER FOR SCHEDULING RECOMMENDATIONS
`AND ADVISORY CONCERNING MAGISTRATE JUDGE ASSIGNMENT
`
`At the request of the Bar, the District Judges have implemented a procedure
`
`whereby a Magistrate Judge is assigned to each civil case at the time it is filed.
`The assignments are made randomly and are evenly divided among the Magistrate
`Judges. If a pretrial matter is referred by the District Judge, it will be handled by
`the Magistrate Judge to whom the case was assigned. Similarly, if the parties
`consent to Magistrate Judge jurisdiction, the case will be placed on the docket of
`the assigned Magistrate Judge for all future proceedings, including entry of
`judgment.
`
`In an effort to assist the parties in resolving this dispute as expeditiously and
`efficiently as possible, and in accordance with Rule CV-16(c) of the Local Court
`Rules of the Western District of Texas,
`
`IT IS HEREBY ORDERED that the parties shall submit a proposed
`scheduling order to the Court within thirty (30) days from the date of this order.
`The parties shall first confer as required by Fed R. Civ. P. 26(f). The content of
`the proposed scheduling order shall include proposals for all deadlines set out in
`the form for scheduling order attached hereto and contained in Appendix "B" to
`the Local Rules. The parties shall endeavor to agree concerning the contents of
`
`
`
`Case 1:20-cv-00765-DAE Document 66 Filed 08/23/23 Page 2 of 7
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`the proposed order, but in the event they are unable to do so, each party's position
`and the reasons for the disagreement shall be included in the proposed schedule
`submitted to the court. In the event the plaintiff has not yet obtained service on all
`defendants, the plaintiff shall include an explanation of why all parties have not
`been served. The scheduling proposals of the parties shall be considered by
`the trial court, but the setting of all dates is within the discretion of the Court.
` The parties shall indicate in the proposed order that they have in fact conferred as
`required by the federal rules of procedure.
`
`The proposed scheduling order shall contain suggestions for the following
`deadlines:
`
`1. The parties must mediate this case and file a report in accordance with
`Rule 88 after the mediation is completed.
`
`2. The parties asserting claims for relief shall submit a written offer of
`settlement to opposing parties (the standard period being 90 days after the first
`defendant's appearance), and each opposing party shall respond, in writing (the
`standard period being 104 days after the first defendant's appearance).
`
`3. The parties shall file all motions to amend or supplement pleadings or to
`join additional parties by (the standard period being 120 days after the first
`defendant's appearance).
`
`4. All parties asserting claims for relief shall file their designation of
`potential witnesses, testifying experts, and proposed exhibits, and shall SERVE
`ON ALL PARTIES, BUT NOT FILE the materials required by Fed. R. Civ.
`P. 26(a)(2)(B) by (the standard period being 90 days before the discovery
`deadline). Parties resisting claims for relief shall file their designation of potential
`testifying experts, and proposed exhibits, and shall SERVE ON ALL
`witnesses,
`PARTIES, BUT NOT FILE the materials required by Fed. R. Civ. P.
`
`
`
`Case 1:20-cv-00765-DAE Document 66 Filed 08/23/23 Page 3 of 7
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`26(a)(2)(B) by (the standard period being 45 days before the close of discovery).
`All designations of rebuttal experts shall be filed within 14 days of receipt of the
`report of the opposing expert.
`
`5. An objection to the reliability of an expert's proposed testimony under
`Federal Rule of Evidence 702 shall be made by motion, specifically stating the
`basis for the objection and identifying the objectionable testimony, within (the
`standard period being 30 days) days of receipt of the written report of the expert's
`proposed testimony, or within (the standard period being 30 days) days of the
`expert's deposition, if a deposition is taken, whichever is later.
`
`6. The parties shall complete discovery (the standard period being six
`months after the first defendant's appearance). Counsel may by agreement
`continue discovery beyond the deadline, but there will be no intervention by the
`Court except in extraordinary circumstances, and no trial setting will be vacated
`because of information obtained in post-deadline discovery.
`
`7. All dispositive motions shall be filed (the standard period being 30 days
`after the discovery deadline). Dispositive motions as defined in Local Rule
`CV-7(c) and responses to dispositive motions shall be limited to (the standard
`page limit for this Court is 20) pages in length. The court will set a hearing on
`such motions for a date after the deadline for responses and replies.
`
`8. This case will not be set for trial until after dispositive motions, if any,
`have been ruled on. If parties elect not to file dispositive motions, they must
`contact the courtroom deputy, Priscilla Springs at (210) 472-6550 ext. 5016,
`or by email Priscilla_Springs@txwd.uscourts.gov, in order to set a trial date.
`The Court will set the case for trial by separate order. The order will establish trial
`type deadlines to include pretrial matters pursuant to Local Rule CV-16(e)-(g).
`
`
`
`Case 1:20-cv-00765-DAE Document 66 Filed 08/23/23 Page 4 of 7
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`IT IS SO ORDERED.
`
`
`
`DATED: Austin, Texas, August 23, 2023.
`
`______________________________
`DAVID A. EZRA
`SENIOR U.S. DISTRICT JUDGE
`
`
`
`Case 1:20-cv-00765-DAE Document 66 Filed 08/23/23 Page 5 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`NO: AU:20-CV-00765-DAE
`
`§§§§§
`
`Bandspeed LLC
`
`vs.
`
`Realtek Semiconductor Corporation
`
`SCHEDULING RECOMMENDATIONS
`The parties recommend that the following deadlines be entered in the
`
`scheduling order to control the course of this case:
`
`1. The parties must mediate this case on or before ________________ and
`file a report in accordance with Rule 88 after the mediation is completed.
`
`2. The parties asserting claims for relief shall submit a written offer of
`
`settlement to opposing parties by ________________, and each opposing party
`shall respond, in writing, by .
`
`3. The parties shall file all motions to amend or supplement pleadings or to
`
`join additional parties by ________________.
`
`4. All parties asserting claims for relief shall file their designation of
`
`potential witnesses, testifying experts, and proposed exhibits, and shall serve on
`all parties, but not file the materials required by Fed. R. Civ. P. 26(a)(2)(B) by
`______________. Parties resisting claims for relief shall file their designation of
`potential witnesses, testifying experts, and proposed exhibits, and shall serve on
`
`
`
`Case 1:20-cv-00765-DAE Document 66 Filed 08/23/23 Page 6 of 7
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`all parties, but not file the materials required by Fed. R. Civ. P. 26(a)(2)(B) by
`______________. All designations of rebuttal experts shall be designated within
`14 days of receipt of the report of the opposing expert.
`
`5. An objection to the reliability of an expert's proposed testimony under
`
`Federal Rule of Evidence 702 shall be made by motion, specifically stating the
`basis for the objection and identifying the objectionable testimony, within
`_____________ days of receipt of the written report of the expert's proposed
`testimony, or within __________ days of the expert's deposition, if a deposition is
`taken, whichever is later.
`
`shall complete all discovery on or before
` The parties
`6.
`
`________________. Counsel may by agreement continue discovery beyond the
`deadline, but there will be no intervention by the Court except in extraordinary
`circumstances, and no trial setting will be vacated because of information obtained
`in post-deadline discovery.
`
`7. All dispositive motions shall be filed no later than ________________.
`
`Dispositive motions as defined in Local Rule CV-7(c) and responses to dispositive
`motions shall be limited to twenty (20) pages in length. Replies, if any, shall be
`limited to ten (10) pages in length in accordance with Local Rule CV-7(e). If the
`parties elect not to file dispositive motions, they must contact the courtroom
`deputy on or before this deadline in order to set a trial date.
`
`
`
`8. If required, a hearing on dispositive motions will be set by the Court
`
`
`
`Case 1:20-cv-00765-DAE Document 66 Filed 08/23/23 Page 7 of 7
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`after all responses and replies have been filed.
`
`9. The Court will set the case for trial by separate order. The order will
`
`establish trial type deadlines to include pretrial matters pursuant to Local Rule
`CV-16(e)-(g).
`
` 10. All of the parties who have appeared in the action conferred concerning
`the contents of the proposed scheduling order on ________________, and the
`parties have (agreed/disagreed) as to its contents. The following positions and
`reasons are given by the parties for the disagreement as to the contents of the
`proposed scheduling order
`. Plaintiff offers the following
`explanation of why all parties have not been served
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`(Signature)
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`(Print or type name)
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`ATTORNEY FOR
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`(Print or type name)
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`CERTIFICATE OF SERVICE
`
`
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