Case 6:21-cv-00569-ADA Document 103 Filed 11/03/22 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`TOUCHSTREAM TECHNOLOGIES, INC.,
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`GOOGLE LLC,
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`Plaintiff,
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`v.
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`Defendant.
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`§
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`§
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`§
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`Civil Case No. 6:21-cv-569-ADA
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`JURY TRIAL DEMANDED
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`JOINT MOTION TO AMEND SCHEDULING ORDER
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`Plaintiff Touchstream Technologies, Inc. (“Plaintiff”) and Defendant Google LLC
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`(“Defendant”) jointly move to amend the Court’s Scheduling Order (Dkt. 21, 81, 86, 92) as set forth
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`below and in the attached proposed order.
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`
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`Pursuant to the Court’s suggestion at the September 29, 2022 Discovery Hearing, the parties
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`have met and agreed on a short extension to certain deadlines in the current Court’s Scheduling
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`Order to facilitate the completion of discovery and expert reports. These extensions include a short
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`extension to the deadline for expert discovery that does not impact any of the Court’s other deadlines.
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`Additionally, the parties request a short extension to the deadline for dispositive motions, but only
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`if this extension will not impact the trial date. If the Court desires to keep the current dispositive
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`motion deadline to facilitate the February 21, 2023 trial date, the parties will abide by the current
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`deadline for dispositive motions.
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`Based on the foregoing, the parties respectfully submit that good cause exists to amend the
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`following deadlines in the Scheduling Order as follows:
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`
`
`
`
`
`GOOGLE LLC,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`
`
`
`Civil Case No. 6:21-cv-569-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`JOINT MOTION TO AMEND SCHEDULING ORDER
`
`Plaintiff Touchstream Technologies, Inc. (“Plaintiff”) and Defendant Google LLC
`
`(“Defendant”) jointly move to amend the Court’s Scheduling Order (Dkt. 21, 81, 86, 92) as set forth
`
`below and in the attached proposed order.
`
`
`
`Pursuant to the Court’s suggestion at the September 29, 2022 Discovery Hearing, the parties
`
`have met and agreed on a short extension to certain deadlines in the current Court’s Scheduling
`
`Order to facilitate the completion of discovery and expert reports. These extensions include a short
`
`extension to the deadline for expert discovery that does not impact any of the Court’s other deadlines.
`
`Additionally, the parties request a short extension to the deadline for dispositive motions, but only
`
`if this extension will not impact the trial date. If the Court desires to keep the current dispositive
`
`motion deadline to facilitate the February 21, 2023 trial date, the parties will abide by the current
`
`deadline for dispositive motions.
`
`
`
`
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`Based on the foregoing, the parties respectfully submit that good cause exists to amend the
`
`following deadlines in the Scheduling Order as follows:
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`
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`
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`Case 6:21-cv-00569-ADA Document 103 Filed 11/03/22 Page 2 of 6
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`New Date
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`Previous Date
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`Event
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`November 11, 2022
`(Friday)
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`December 9, 2022
`(Friday)
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`December 16, 2022
`(Friday)
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`December 16, 2022
`(Thursday)
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`November 3, 2022
`(Thursday)
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`December 1, 2022
`(Thursday)
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`December 15, 2022
`(Thursday)
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`December 15, 2022
`(Thursday)
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`December 29, 2022
`(Thursday)
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`December 22, 2022
`(Thursday)
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`January 5, 2023
`(Thursday)
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`January 5, 2023
`(Thursday)
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`January 12, 2023
`(Thursday)
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`January 12, 2023
`(Thursday)
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`January 19, 2023
`(Thursday)
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`January 12, 2023
`(Thursday)
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`No previous calendar item.
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`No previous calendar item.
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`2
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`Opening Expert Reports.
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`Rebuttal Expert Reports.
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`Close of Expert Discovery.
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`Deadline for the second of two meet
`and confers to discuss narrowing the
`number of 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.
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`Dispositive motion deadline and
`Daubert motion deadline.
`See General Issues Note #9 regarding
`providing copies of the briefing to the
`Court and the technical adviser (if
`appointed).
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`Serve Pretrial Disclosures (jury
`instructions, exhibits lists, witness
`lists, discovery and deposition
`designations).
`
`Serve objections to pretrial
`disclosures/rebuttal disclosures.
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`Opposition briefs to dispositive
`motions and Daubert motions.
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`Reply briefs to dispositive motions
`and Daubert motions.
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`Case 6:21-cv-00569-ADA Document 103 Filed 11/03/22 Page 3 of 6
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`Serve objections to rebuttal
`disclosures and File Motions in
`limine.
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`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
`atkmdaviscsr@yahoo.com
`Deadline to meet and confer
`regarding remaining objections and
`disputes on motions in limine.
`
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`File joint notice identifying remaining
`objections to pretrial disclosures and
`disputes on motions in limine.
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`Final Pretrial Conference. The Court
`expects to set this date at the
`conclusion of the Markman Hearing.
`
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`Jury Selection/Trial. The Court
`expects to set these dates at the
`conclusion of the Markman Hearing.
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`January 19, 2023
`(Thursday)
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`January 19, 2023
`(Thursday)
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`January 26, 2023
`(Thursday)
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`January 26, 2023
`(Thursday)
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`February 2, 2023
`(Thursday)
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`February 2, 2023
`(Thursday)
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`February 7, 2023
`(Tuesday)
`3 business days before Final
`Pretrial Conference
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`February 7, 2023
`(Tuesday)
`3 business days before Final
`Pretrial Conference
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`February 10, 2023
`(Friday)
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`February 10, 2023
`(Friday)
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`February 21, 2023
`(Tuesday)
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`February 21, 2023
`(Tuesday)
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`3
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`Case 6:21-cv-00569-ADA Document 103 Filed 11/03/22 Page 4 of 6
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`Dated: November 3, 2022
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`By: /s/ Michael W. Gray
`Michael W. Gray
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`SHOOK, HARDY & BACON L.L.P.
`Samuel J. LaRoque, pro hac vice
`Email: slaroque@shb.com
`B. Trent Webb, pro hac vice
`Email: bwebb@shb.com
`Ryan D. Dykal, pro hac vice
`Email: rdykal@shb.com
`Jordan T. Bergsten, pro hac vice
`Email: jbergsten@shb.com
`2555 Grand Boulevard
`Kansas City, MO 64108
`(816) 474-6550
`Fax: (816) 421-5547
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`Michael W. Gray (TX Bar No. 24094385)
`Email: mgray@shb.com
`Fiona A. Bell (TX Bar No. 24052288)
`Email: fbell@shb.com
`600 Travis Street, Suite 3400
`Houston, TX 77002
`(713) 227-2008
`Fax: 713-227-9508
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`Attorneys for Plaintiff
`Touchstream Technologies, Inc.
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`
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`By: /s/ Gregory Lanier (with permission)
` Tharan Gregory Lanier
`
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`JONES DAY
`Tharan Gregory Lanier (Admitted pro hac vice)
`CA State Bar No. 138784
`E-mail: tglanier@jonesday.com
`Michael C. Hendershot (Admitted pro hac vice)
`CA State Bar No. 211830
`E-mail: mhendershot@jonesday.com
`Evan M. McLean (Admitted pro hac vice)
`CA State Bar No. 280660
`E-mail: emclean@jonesday.com
`1755 Embarcadero Road
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`4
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`Case 6:21-cv-00569-ADA Document 103 Filed 11/03/22 Page 5 of 6
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`Palo Alto, CA 94303
`Telephone: (650) 739-3939
`Facsimile:
`(650) 739-3900
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`Edwin O. Garcia, (Admitted pro hac vice)
`E-mail: edwingarcia@jonesday.com
`JONES DAY
`51 Louisiana Avenue, N.W.
`Washington DC 20001
`(202) 879-3695/Fax: (202) 626-1700
`
`
`POTTER MINTON PC
`Michael E. Jones
`TX State Bar No. 10929400
`E-mail: mikejones@potterminton.com
`Shaun W. Hassett
`TX State Bar No. 24074372
`E-mail: shaunhassett@potterminton.com
`110 N. College Ave., Suite 500
`Tyler, TX 75702
`Telephone:
` (903) 597-8311
`Facsimile:
` (903) 593-0846
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`Attorneys for Defendant
`GOOGLE LLC
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`Case 6:21-cv-00569-ADA Document 103 Filed 11/03/22 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing was electronically filed with the Clerk
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`of Court using the CM/ECF system, which will send a notification of such filing (“NEF”) to all
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`counsel of record who have appeared in this case per Local Rule CV-5(b) on November 3, 2022.
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`
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`/s/ Michael W. Gray
`Michael W. Gray
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`6
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