Case 6:21-cv-00569-ADA Document 91 Filed 10/05/22 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`
`
`
`
`
`GOOGLE LLC,
`
`
`
`
`
`
`
`
`
`
`
`Defendant.
`
`Plaintiff,
`
`
`
`v.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`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) 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 completion of discovery already served and depositions already noticed. These
`
`extensions provide a short extension to the deadline for dispositive motions per the Court’s
`
`suggestion, but not for pretrial conference or trial. Should the Court conclude that these extensions
`
`would impact its ability start trial on the scheduled date, the parties would meet and confer and
`
`proposed refinements as directed.
`
`
`
`Based on the foregoing, the parties respectfully submit that good cause exists to amend the
`
`following deadlines in the Scheduling Order as follows:
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`
`
`
`
`
`GOOGLE LLC,
`
`
`
`
`
`
`
`
`
`
`
`Defendant.
`
`Plaintiff,
`
`
`
`v.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`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) 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 completion of discovery already served and depositions already noticed. These
`
`extensions provide a short extension to the deadline for dispositive motions per the Court’s
`
`suggestion, but not for pretrial conference or trial. Should the Court conclude that these extensions
`
`would impact its ability start trial on the scheduled date, the parties would meet and confer and
`
`proposed refinements as directed.
`
`
`
`Based on the foregoing, the parties respectfully submit that good cause exists to amend the
`
`following deadlines in the Scheduling Order as follows:
`
`
`
`
`
`Case 6:21-cv-00569-ADA Document 91 Filed 10/05/22 Page 2 of 5
`
`New Date
`
`Previous Date
`
`Event
`
`October 27, 2022
`(Thursday)
`
`
`November 3, 2022
`(Thursday)
`
`
`December 1, 2022
`(Thursday)
`
`
`December 15, 2022
`(Thursday)
`
`
`December 15, 2022
`(Thursday)
`
`October 13, 2022
`
`(Thursday)
`
`October 20, 2022
`
`(Thursday)
`
`November 17, 2022
`
`(Thursday)
`
`December 1, 2022
`
`(Thursday)
`
`December 1, 2022
`(Thursday)
`
`December 22, 2022
`(Thursday)
`
`December 8, 2022
`(Thursday)
`
`January 5, 2022
`(Thursday)
`
`December 22, 2022
`(Thursday)
`
`January 12, 2023
`(Thursday)
`
`January 5, 2023
`(Thursday)
`
`
`
`2
`
` Close of Fact Discovery.
`
`Opening Expert Reports.
`
`
`Rebuttal Expert Reports.
`
`
`Close of Expert Discovery.
`
`
`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.
`
`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).
`
`Serve Pretrial Disclosures (jury
`instructions, exhibits lists, witness
`lists, discovery and deposition
`designations).
`
`Serve objections to pretrial
`disclosures/rebuttal disclosures.
`
`
`
`Case 6:21-cv-00569-ADA Document 91 Filed 10/05/22 Page 3 of 5
`
`Serve objections to rebuttal
`disclosures and 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
`atkmdaviscsr@yahoo.com
`Deadline to meet and confer
`regarding remaining objections and
`disputes on motions in limine.
`
`
`File joint notice identifying remaining
`objections to pretrial disclosures and
`disputes on motions in limine.
`
`Final Pretrial Conference. The Court
`expects to set this date at the
`conclusion of the Markman Hearing.
`
`
`Jury Selection/Trial. The Court
`expects to set these dates at the
`conclusion of the Markman Hearing.
`
`January 19, 2023
`(Thursday)
`
`January 12, 2023
`(Thursday)
`
`January 26, 2023
`(Thursday)
`
`January 19, 2023
`(Thursday)
`
`February 2, 2023
`(Thursday)
`
`January 26, 2023
`(Thursday)
`
`February 7, 2023
`(Tuesday)
`3 business days before Final
`Pretrial Conference
`
`February 7, 2023
`(Tuesday)
`3 business days before Final
`Pretrial Conference
`
`February 10, 2023
`(Friday)
`
`
`February 10, 2023
`(Friday)
`
`
`February 21, 2023
`(Tuesday)
`
`February 21, 2023
`(Tuesday)
`
`
`
`3
`
`
`
`Case 6:21-cv-00569-ADA Document 91 Filed 10/05/22 Page 4 of 5
`
`Dated: October 5, 2022
`
`
`
`
`
`By: /s/ Fiona A. Bell with permission,
`
`by Shaun W. Hassett
` Fiona A. Bell
`
`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
`
`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
`
`Attorneys for Plaintiff
`Touchstream Technologies, Inc.
`
`By: /s/ Tharan Gregory Laier with permission,
`
`by Shaun W. Hassett
` Tharan Gregory Lanier
`
`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
`Palo Alto, CA 94303
`Telephone: (650) 739-3939
`Facsimile:
`(650) 739-3900
`
`
`
`
`
`4
`
`
`
`Case 6:21-cv-00569-ADA Document 91 Filed 10/05/22 Page 5 of 5
`
`
`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
`
`Attorneys for Defendant
`GOOGLE LLC
`
`
`
`
`
`5
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
