Case 1:22-cv-01331-MSN-JFA Document 56 Filed 03/29/23 Page 1 of 5 PageID# 661
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`IN THE UNITED STATES DISTRICT COURT r-
`FOR THE EASTERN DISTRICT OF VIRGINIA
`Alexandria Division
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`GEOSCOPE TECHNOLOGIES
`PTE. LTD.,
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`Plaintiff,
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`V.
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`GOOGLE LLC,
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`Defendant.
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`MAR 2 9 2023
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`A-.r
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`Civil Action No. I:22cvl331 (MSN/JFA)
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`RULE 16rB) SCHEDULING ORDER
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`Upon consideration of the representations made by the parties in their Joint Discovery
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`Plan (Docket no. 50) and at the initial pretrial conference held on March 29, 2023, and taking
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`note of the Scheduling Order entered in this case (Docket no. 49), the court makes the following
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`rulings:
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`1.
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`2.
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`All discovery shall be concluded by August 11, 2023.
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`The Joint Discovery Plan is approved and shall control discovery to the extent of
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`its application unless further modified by the court.
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`3.
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`The deadline for the parties to submit a proposed ESI protocol to the court is
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`extended to Monday, April 3, 2023.
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`4.
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`5.
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`All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by April 5, 2023.
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`Expert disclosures shall be governed by the schedule set forth in section V.D of
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`the Joint Discovery Plan. To the extent the parties wish to modify these deadlines, they must
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`seek leave of court.
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`6.
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`If the parties believe that a settlement conference with the court would be of
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`assistance in resolving this dispute, they may arrange a settlement conference by contacting the
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`undersigned magistrate judge's chambers.
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`7.
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`To the extent any party intends to assert a claim of privilege or protection as to
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`trial preparation material, any such claim must be made in a timely manner and in accordance
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`with Fed. R. Civ. P. 26(b)(5).
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`8.
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`The following provisions shall apply to the filing and noticing of all motions:
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`(a) All motions must contain a statement that a good-faith effort to narrow the area of
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`disagreement has been made in accordance with Local Civil Rule 7(E) and Local Civil Rule
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`37(E) for discovery motions. All motions must adhere to the page limits and font requirements
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`set in Local Civil Rule 7(F)(3). An appropriate number of paper copies of any motion and all
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`pleadings relating to that motion shall be delivered directly to the attention of the judge
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`hearing the motion at the Clerk's Office within one day of the electronic filing. See
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`"Alexandria Chambers Copies/Division-Specific Information" on the Alexandria page of the
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`Court's website located at www.vaed.uscourts.gov.
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`(b)
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`Except for consent motions, all motions shall be accompanied either by a waiver
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`of hearing or a notice of hearing for the earliest possible hearing date consistent with the briefing
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`schedules discussed below. A consent motion should be filed in accordance with the procedures
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`provided on the Alexandria page of the Court's website referenced above. All discovery-related
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`motions must be filed before the final pretrial conference.
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`(c)
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`Any motion to amend the pleadings or to join a party must be made as soon as
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`possible after counsel or the party becomes aware of the grounds for the motion.
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`(d)
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`Dispositive motions shall be filed and briefed in accordance with the schedule set
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`forth in Local Civil Rule 7(F)(1) and (K). Local Civil Rule 7(F)(1) provides that a response brief
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`is due 14 days after service of the motion and a reply brief may be filed 6 days after the service
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`of the response. The periods for filing a response brief and a reply shall apply without regard to
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`the mode of service used for those briefs. Any dispositive motion against a pro se party must
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`contain the notice set forth in Local Civil Rule 7(K) and provide the pro se party with at least 21
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`days to file a response opposing the motion.
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`(e) In order to provide for the prompt resolution of non-dispositive matters to be
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`heard by the assigned magistrate judge, a non-dispositive motion may be filed by no later than
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`5:00 p.m. on a Friday and noticed for a hearing at 10:00 a.m. on the following Friday. Under this
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`expedited schedule, a response brief must be filed no later than 5:00 p.m. on the following
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`Wednesday and any reply brief should be filed as early as possible on Thursday to give the court
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`time to review all pleadings before the hearing. This expedited schedule shall apply for non-
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`dispositive motions noticed for a hearing with less than two weeks' notice. If a non-dispositive
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`motion is noticed for a hearing between two and three weeks from the filing date, any response
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`brief must be filed 7 days after service and any reply brief may be filed 3 days after service of the
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`response. At the moving party's discretion, a non-dispositive motion may also be filed and
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`noticed for a hearing with three weeks' notice and the briefing schedule provided in Local Civil
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`Rule 7(F)(1) providing for 14 days for a response brief and 6 days for a reply would apply. If a
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`non-dispositive motion is filed and oral argument is waived, any response brief must be filed
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`within 7 days after service and any reply brief within 3 days after service of the response.
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`(f)
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`All summary judgment issues shall be presented in the same pleading unless leave
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`of court is first obtained. As required by Local Civil Rule 56, each brief in support of a motion
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`for summary judgment must include a separately captioned section within the brief listing, in
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`numbered-paragraph form, each material fact that the movant contends is undisputed with
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`appropriate citations to the record. A brief in opposition to a motion for summary judgment
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`must include a separately captioned section within the brief addressing, in numbered-paragraph
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`form corresponding to the movant's section, each of the movant's enumerated facts and
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`indicating whether the non-movant admits or disputes the fact with appropriate citations to the
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`record. The Court may assume that any fact identified by the movant as undisputed in the
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`movant's brief that is not specifically controverted in the non-movant's brief in the manner set
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`forth above is admitted for the purpose of deciding the motion for summary judgment.
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`(g) Any motion to file a document under seal must comply with Local Civil Rule 5.
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`Pursuant to Local Civil Rule 5, a notice specifically identifying the motion as a sealing motion
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`must be filed on the public record. There is no need to file a notice of hearing or waiver of
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`hearing for a motion to seal. A memorandum must be filed stating sufficient facts to support the
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`action sought, and a proposed order must include specific findings. Where a party moves to file
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`material under seal because the opposing party has designated that material as confidential, the
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`opposing party must file a response to the motion and a proposed order that meet the
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`requirements of Local Civil Rule 5. Only the particular material found to meet the required
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`standard may be sealed, with the remainder filed in the public record. An unsealed, redacted
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`version of the filing in issue shall be filed with the motion to seal. Filings under seal are
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`disfavored and discouraged. See Va. Dep 7 of State Police v. Washington Post, 386 F.3d 567,
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`575-76 (4th Cir. 2004).
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`9.
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`Disclosures under Fed. R. Civ. P. 26(a)(1) and (2), notices of depositions,
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`interrogatories, requests for documents and admissions, and answers thereto shall not be filed
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`except on order of the court, or for use in a motion or at trial.
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`10.
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`In the event this case is tried before a jury, each party shall file their proposed jury
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`instructions and voir dire seven (7) days prior to trial in accordance with Local Civil Rule 51.
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`Violation of this Rule will constitute a waiver of objections to any instructions given. In the
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`event the case is tried without a jury, counsel shall file written proposed findings of fact and
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`conclusions of law prior to the beginning of trial.
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`Entered this 29th day of March, 2023.
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`Alexandria, Virginia
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`John F. Anderson _
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`John F. Anderson
`United States Magistrate Judge
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