Case 6:20-cv-00272-ADA Document 90-3 Filed 03/20/23 Page 1 of 7
`Case 6:20-cv-00272-ADA Document 90-3 Filed 03/20/23 Page 1 of 7
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`EXHIBIT 2
`EXHIBIT 2
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`Case 6:20-cv-00272-ADA Document 90-3 Filed 03/20/23 Page 1 of 7
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`EXHIBIT 2
`EXHIBIT 2
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`Case 6:20-cv-00272-ADA Document 90-3 Filed 03/20/23 Page 2 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`CIVIL ACTION NO. 6:20-cv-272-ADA
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`VOIP-PAL.COM, INC.
`Plaintiff,
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`v.
`AMAZON.COM, INC.;
`AMAZON.COM SERVICES LLC; and
`AMAZON WEB SERVICES, INC.,
`Defendants.
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`1
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`Case 6:20-cv-00272-ADA Document 90-3 Filed 03/20/23 Page 3 of 7
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`FIRST AMNEDED SCHEDULING ORDER
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`On January 27, 2023, the Court ordered the parties meet and confer on the remaining pretrial
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`dates and present a proposed amended scheduling order for the Court’s consideration. After meeting
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`and conferring, the parties jointly submit the following proposed schedule for the remaining pretrial
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`dates to be entered in this case. Accordingly, the Court enters the following schedule:
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`Date
`March 29, 2023
`April 12, 2023
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`June 7, 2023
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`August 16, 2023
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`September 2213, 2023
`September 290, 2023
`October 2718, 2023
`November 8, 2023
`November 15, 2023
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`Event
`Deadline to add parties
`Deadline to serve Final Infringement and
`Invalidity Contentions. After this date, leave
`of Court is required for any amendment to
`Infringement or Invalidity contentions.
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`This deadline does not relieve the Parties of
`their obligation to seasonably amend if new
`information is identified after initial
`contentions.
`Deadline to amend pleadings. A motion is
`not required unless the amendment adds
`patents or patent claims. (Note: This
`includes amendments in response to a 12(c)
`motion.)
`Deadline for the first of two meet and
`confers to discuss significantly narrowing
`the number of claims asserted and prior art
`references at issue. Unless the parties agree
`to the narrowing, they are ordered to contact
`the Court’s Law Clerk to arrange a
`teleconference with the Court to resolve the
`disputed issues.
`Close of Fact Discovery.
`Opening Expert Reports.
`Rebuttal Expert Reports.
`Close of Expert Discovery.
`Deadline for the second of two meet and
`confer to discuss narrowing the number of
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`2
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`Case 6:20-cv-00272-ADA Document 90-3 Filed 03/20/23 Page 4 of 7
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`Date
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`November 22, 2023
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`December 6, 2023
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`December 20, 2023
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`January 103, 2024
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`January 170, 2024
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`January 2417, 2024
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`8 weeks before trial
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`Event
`claims asserted and prior art references at
`issue to triable limits. To the extent it helps
`the parties determine these limits, the parties
`are encouraged to contact the Court’s Law
`Clerk for an estimate of the amount of trial
`time anticipated per side. The parties shall
`file a Joint Report within 5 business days
`regarding the results of the meet and confer.
`Dispositive motion deadline and Daubert
`motion deadline.
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`See General Issues Note #7 regarding
`providing copies of the briefing to the Court
`and the technical adviser (if appointed).
`Serve Pretrial Disclosures (jury instructions,
`exhibits lists, witness lists, discovery and
`deposition designations).
`Serve objections to pretrial
`disclosures/rebuttal disclosures.
`Serve objections to rebuttal disclosures; file
`Motions in limine.
`File Joint Pretrial Order and Pretrial
`Submissions (jury instructions, exhibits lists,
`witness lists, discovery and deposition
`designations); file oppositions to motions in
`limine.
`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 e-mail the Court Reporter,
`Kristie Davis at kmdaviscsr@yahoo.com
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`Deadline to meet and confer regarding
`remaining objections and disputes on
`motions in limine.
`Parties email the Court’s law clerk to
`confirm pretrial and trial dates
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`Case 6:20-cv-00272-ADA Document 90-3 Filed 03/20/23 Page 5 of 7
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`Date
`February 92, 2024
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`February 147, 2024
`February 28, 2024 (or as soon
`as practicable)1
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`Event
`File joint notice identifying remaining
`objections to pretrial disclosures and
`disputes on motions in limine.
`Final Pretrial Conference.
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`Jury Selection/Trial
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`SIGNED this
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` day of
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`, 2023
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`1 If the actual trial date materially differs from the Court’s default schedule, the Court will consider reasonable
`amendments to the case schedule post-Markman that are consistent with the Court’s default deadlines in light of the
`actual trial date.
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`4
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`Case 6:20-cv-00272-ADA Document 90-3 Filed 03/20/23 Page 6 of 7
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`Dated: February 16, 2023
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`Respectfully submitted,
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`/s/Lewis E. Hudnell, III
`Lewis E. Hudnell, III
`lewis@hudnelllaw.com
`Nicolas S. Gikkas
`nick@hudnelllaw.com
`Hudnell Law Group P.C.
`800 W. El Camino Real Suite 180
`Mountain View, California 94040
`T: 650.564.3698
`F: 347.772.3034
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`Sean Franklin Parmenter
`sean@parmenterip.com
`Parmenter Intellectual Property Law,
`PLLC
`8980 N Pine Hollow Drive
`Cedar Hills, Utah 84062
`T: 925.482.6515
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`ATTORNEYS FOR PLAINTIFF
`VOIP-PAL.COM, INC.
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`/s/ Daniel T. Shvodian (with permission)
`M. Craig Tyler
`Texas Bar No. 00794762
`CTyler@perkinscoie.com
`PERKINS COIE LLP
`500 W 2nd St, Suite 1900
`Austin, TX 78701-4687
`Tel: (737) 256-6113
`Fax: (737) 256-6300
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`Daniel T. Shvodian (Pro Hac Vice)
`dshvodian@perkinscoie.com
`Christopher Kelley (Pro Hac Vice)
`ckelley@perkinscoie.com
`James F. Valentine
`jvalentine@perkinscoie.com
`PERKINS COIE LLP
`3150 Porter Drive
`Palo Alto, CA 94304-1212
`Tel: 650.838.4300
`Fax: 650.838.4350
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`ATTORNEYS FOR DEFENDANTS
`AMAZON.COM, INC.;
`AMAZON.COM SERVICES LLC; and
`AMAZON WEB SERVICES, INC.
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`5
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`Case 6:20-cv-00272-ADA Document 90-3 Filed 03/20/23 Page 7 of 7
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served with a copy of the forgoing FIRST AMENDED SCHEDULING
`ORDER via the Court’s CM/ECF system pursuant to the Federal Rules of Civil Procedure and Local
`Rule CV-5(b)(1) this 16th day of February, 2023.
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`By: /s/Lewis E. Hudnell, III
`Lewis E. Hudnell, III
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`6
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