Case 3:14-cv-00757-REP-DJN Document 65 Filed 03/26/15 Page 1 of 9 PageID# 6057
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Richmond Division
`
`Samsung Electronics Co., Ltd.
`Plaintiff,
`
`v.
`NVIDIA Corporation, et. al.,
`
`Defendant,
`
`L
`
`$
`
`MAR 26
`
`J
`
`Civil Action No. 3:14CV00757
`
`SCHEDULING ORDER
`
`Finding it in the interest of justice and otherwise reasonably
`
`necessary for the orderly and efficient administration of justice,
`
`It hereby ORDERED that the schedule set forth below and in Pretrial
`
`Schedule A (attached) shall govern the progress of this action,
`
`except to the extent amended or augmented by the terms of the
`
`Initial Pretrial Order issued after the pretrial conference or by
`
`any other Order.
`
`1.
`
`Any party which has not filed an Answer to the Complaint
`
`shall do so within eleven (11) days after entry of this Scheduling
`
`Order.
`
`Filing of an Answer shall not waive any previously filed
`
`motions or properly presented objections to jurisdiction or service
`
`of process.
`
`2.
`
`Within fifteen (15)
`
`days after entry of this Order,
`
`motions for joinder of additional parties or amendment of pleadings
`
`shall be filed. Any such motions filed thereafter will be
`
`entertained only upon a showing of good cause.
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 65 Filed 03/26/15 Page 2 of 9 PageID# 6058
`Case 3:14-cv-OO757-REP-DJN Document 65 Filed 03/26/15 Page 2 of 9 Page|D# 6058
`
`3. Within fifty (50) days after entry of this Order, counsel
`
`for each party, and a representative of each party with authority
`
`to conclude a settlement of this action, shall meet
`
`in person with
`
`the undersigned district
`
`judge or,
`
`if directed, with another
`
`district
`
`or magistrate
`
`judge
`
`to discuss
`
`settlement.
`
`The
`
`representative for a business entity (corporation, partnership or
`
`otherwise) must be an officer or employee not employed in the
`
`business entity‘s law department or general counsel’s office,
`
`although such lawyers are welcome
`
`to attend with the other
`
`representative.
`
`Each counsel shall be prepared.
`
`tc: present
`
`a
`
`cogent, brief summary of
`
`the issues of
`
`liability and damages.
`
`Counsel
`
`for each party shall be responsible to assure that
`
`the
`
`settlement conference is conducted as herein prescribed.
`
`The Clerk is directed to send a copy of this Scheduling Order
`
`and attached Pretrial Schedule A to all counsel of record and to
`
`any party not represented by counsel.
`
`It is so ORDERED.
`
`Richmo
`Date ;
`
`, Vir inia
`[RR-“VOL 'Zg-Q M I 5’
`
`
`
`Id
`Robert E. Payne
`Senior United States District Judge
`
`IZZJO
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 65 Filed 03/26/15 Page 3 of 9 PageID# 6059
`Case 3:14-cv-00757-REP-DJN Document 65 Filed 03/26/15 Page 3 of 9 Page|D# 6059
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF VIRGINIA
`
`Richmond Division
`
`PRETRIAL SCHEDULE A
`
`shall govern the
`This Pretrial Schedule A ("Schedule A")
`therefore,
`it
`is
`schedule
`of
`events
`in this
`action;
`and,
`incorporated into the Scheduling Order to which it is attached.
`
`I.
`
`GENERAL INSTRUCTIONS
`
`A.
`
`Conflict With Local Rules Or Federal Rules Of Civil
`Procedure
`
`Because they govern events incident to trial and the control
`of the Court's docket,
`the Scheduling Orders and Pretrial Orders
`issued by the Court and this Schedule A shall control over any
`perceived conflicting Local Rule or Federal Rule of Civil
`Procedure, unless the party perceiving a conflict shall raise it by
`motion, brief it in the manner required by the Local Rules and
`demonstrate therein why the perceived conflicting provision of a
`Pretrial Order,
`a Scheduling Order or Schedule A should not
`control.
`
`B.
`
`Filing Deadlines And Service Of Papers
`
`If any filing deadline set in this Schedule A or the
`1.
`Scheduling Order or a Pretrial Order falls upon a Saturday, Sunday,
`or holiday, service on the opposing counsel or party shall be on
`the last preceding business day.
`The papers so served shall be
`filed with the Clerk on the first business day following the
`Saturday, Sunday, or holiday. The provisions of Fed. R. Civ. P.
`6
`shall not apply to alter the time deadlines established by this
`Schedule A.
`
`All filing deadlines expire at 5:00 p.m. on the
`2.
`applicable date, except as specifically ordered by the Court.
`
`C.
`
`Calculation Of The Dates
`
`For the purpose of calculating dates,
`not be counted.
`
`the date of trial shall
`
`D.
`
`Settlement
`
`immediately of any settlement
`Counsel shall notify the Court
`and shall submit a final order within fifteen (15) calendar days
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 65 Filed 03/26/15 Page 4 of 9 PageID# 6060
`Case 3:14-cv-OO757-REP-DJN Document 65 Filed 03/26/15 Page 4 of 9 Page|D# 6060
`
`If such an order
`thereafter unless otherwise ordered by the Court.
`is not timely submitted,
`the action will be dismissed by the Court
`with prejudice on the basis of the representation that the action
`has been settled.
`
`II . MOTIONS
`
`A.
`
`Local Rule 7
`
`in this
`Local Rule 7 shall govern the filing of motions
`action, except where otherwise stated. All hearing dates should be
`arranged with the secretary to the district judge.
`
`B.
`
`Discovery Disputes
`
`Counsel are expected to resolve discovery disputes
`without filing pleadings or involving the Court.
`If, after good
`faith effort, counsel are unable to resolve disputes,
`they will be
`resolved, if at all possible,
`in a telephone conference without the
`filing of pleadings.
`In the unusual event
`that resolution of a
`discovery dispute requires the filing of motions,
`they shall be
`filed, briefed and heard in sufficient time to allow completion of
`the requested discovery by the discovery cut-off date,
`taking into
`account
`the time allowed for
`responses and replies under
`the
`Federal Rules of Civil Procedure,
`the Local Rules, or any other
`Order of the Court.
`
`C.
`
`Summary Judgment Motions
`
`All motions for summary judgment shall be filed at
`1.
`the earliest possible date consistent with the requirements of the
`Federal Rules of Civil Procedure, but such motions shall be filed
`no later than forty (40) calendar days before the scheduled trial
`date.
`
`if desired, shall be scheduled to take
`A hearing,
`2.
`place no later than fifteen (15) calendar days before trial.
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 65 Filed 03/26/15 Page 5 of 9 PageID# 6061
`Case 3:14-cv-OO757-REP-DJN Document 65 Filed 03/26/15 Page 5 of 9 Page|D# 6061
`
`D. Motions In Limine
`
`Motions in limig_, if any, shall be filed in sufficient time,
`taking into account the time allowed for responses and replies,
`to
`be heard. no later than ten (10) days before trial.
`At
`the
`discretion of
`the Court, hearings on motions in liming may be
`deferred until trial or until the final pretrial conference.
`
`III . DISCOVERY
`
`A.
`
`Filing Discovery
`
`Except for good cause shown by motion under Fed. R. Civ. P.
`5(d), discovery materials shall not be filed with the pleadings or
`papers
`in any case.
`Where specific discovery material may
`appropriately support or oppose a motion,
`the specific discovery
`material in question shall be appended as an exhibit to the motion,
`or
`in response thereto, without having been previously filed.
`Discovery material otherwise permitted to be used at trial may be
`properly so used,
`if otherwise admissible, without having been
`previously filed.
`
`B.
`
`Privilege Lists
`
`If a party objects to the production of documents on the
`grounds
`of
`attorney—client privilege,
`attorney work product
`doctrine, or any other privilege,
`the objecting party must provide
`the requesting party with an inventory list of the documents to
`which objection is made,
`together with a brief description of the
`document,
`including the date,
`the author, and the identity of each
`recipient, and the claimed basis for its protection, all of which
`shall be sufficient
`to permit
`the opposing party to assess the
`claim of privilege or protection.
`
`the claim of privilege
`Unless otherwise ordered by the Court,
`or protection shall be waived unless the inventory and description
`are served with the objections to the request for production in the
`time required by the Local Rules.
`
`c.
`
`Close Of Discovery
`
`including all supplementation, shall be
`All fact discovery,
`concluded no later than forty-five (45) calendar days before trial.
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 65 Filed 03/26/15 Page 6 of 9 PageID# 6062
`Case 3:14-cv—OO757-REP-DJN Document 65 Filed 03/26/15 Page 6 of 9 Page|D# 6062
`
`IV.
`
`EXPERTS
`
`Local Rule 26 shall govern disclosure and discovery
`1.
`of experts and their reports.
`
`Unless the Court orders otherwise for good cause
`2.
`shown, expert witnesses and reports not disclosed as required by
`Fed. R. Civ. P. 26(a)(2) and (3)
`and the deadlines established
`herein shall not be allowed to testify or be admitted into
`evidence, as the case may be.
`
`Only one expert per discipline is permitted, except
`3.
`by order of the Court.
`
`V.
`
`TRIAL PREPARATION PROCEDURES AND DEADLINES
`
`A. Written Stipulations
`
`No later than twenty-four (24) calendar days before
`1.
`trial, counsel for each party shall meet and confer in a good faith
`effort to enter into written stipulations of uncontroverted facts.
`Unless the parties agree otherwise,
`this conference shall be held
`at the counsel's office that is closest to the courthouse.
`
`2. Written stipulations shall be signed by each counsel
`and filed with the Clerk no later than eleven (11) calendar days
`prior to trial.
`
`B.
`
`Discovery Designations And Summaries
`
`No later than twenty-one (21) calendar days before
`1.
`trial, all parties shall serve on all other counsel a list of all
`discovery materials, specifying the appropriate portions thereof,
`that the party intends to offer at trial.
`
`include deposition
`the designated materials
`If
`2.
`testimony (whether taken by transcript, video tape, or otherwise),
`a brief summary of all
`such designated testimony, containing
`citations to the page and lines of the deposition from which the
`summary is taken, also shall be served on all counsel. Counsel are
`admonished that, as officers of the Court,
`they are obligated to
`submit summaries that are fair and accurate.
`Summaries are to be
`served for both jury and non—jury trials.
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 65 Filed 03/26/15 Page 7 of 9 PageID# 6063
`Case 3:14-cv—OO757-REP-DJN Document 65 Filed 03/26/15 Page 7 of 9 Page|D# 6063
`
`later than fourteen (14) calendar days before
`No
`3.
`trial, all parties shall serve on all counsel,
`a list of all
`"fairness” or rebuttal designations and amended summaries,
`as
`appropriate.
`
`later than eleven (11) calendar days before
`No
`4.
`any objection to the introduction of any designation or
`trial,
`parts thereof or any summary shall be filed by each of the parties
`in writing with the Clerk.
`Such objection shall be deemed to have
`been waived if not timely filed.
`
`No later than nine (9) calendar days before trial,
`5.
`confer
`to
`resolve
`objections
`to
`discovery
`shall
`counsel
`If objections are not
`resolved,
`they shall be
`designations.
`determined at the Final Pretrial Conference.
`
`It shall be the responsibility of the objecting party to
`file the specific discovery designation or summary with the party's
`objections thereto. All such documents shall be clearly marked,
`indexed, and easily reviewable.
`
`The party offering the designated discovery shall be
`responsible for:
`(I) conforming it to the agreement reached by the
`parties or
`to the rulings on the objections;
`(ii)
`filing the
`conformed version; and (iii) providing opposing counsel,
`the Clerk,
`and the Court with a conformed set of all designated discovery five
`(5) calendar days before trial.
`
`All summaries of deposition testimony to which no
`6.
`objection has been made shall be filed with the Clerk, with a copy
`delivered to the Court, no later than two (2) calendar days before
`trial.
`
`This paragraph on designations shall not apply to
`7.
`discovery materials that will be used at trial solely in cross-
`examination or for impeachment.
`
`c. witness Lists
`
`On or before eighteen (18) calendar days before
`1.
`trial, plaintiff shall file a list of all witnesses intended to be
`called at trial.
`
`On or before sixteen (16) calendar days before
`2.
`trial, defendant shall file a corresponding list of all witnesses
`intended to be called at trial.
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 65 Filed 03/26/15 Page 8 of 9 PageID# 6064
`Case 3:14-cv-OO757-REP-DJN Document 65 Filed 03/26/15 Page 8 of 9 Page|D# 6064
`
`a witness'
`issued for'
`A copy of each subpoena
`3.
`attendance at trial shall be filed with the Clerk. No witness who
`
`has been subpoenaed may be excused except by leave of court or, if
`the witness has not testified at trial, with the consent of all
`parties.
`
`this
`Failure to comply with the provisions of
`4.
`in the absence of exceptional circumstances, result
`section will,
`in preclusion of the testimony of the witness and/or sanctions.
`
`D.
`
`Exhibits
`
`On or before eighteen (18) calendar days before
`1.
`trial, plaintiff shall file with the Clerk a list of proposed
`exhibits.
`
`calendar‘ days before
`On or before sixteen (16)
`2.
`trial, defendant shall file with the Clerk a list of proposed
`exhibits.
`
`Any exhibit not listed and timely filed will not be
`3.
`admitted at trial unless used solely for impeachment or rebuttal
`purposes.
`Counsel are admonished that
`the filing of exhibits
`deemed by the Court to be unnecessary to a just diSposition of the
`case may be found to be violative of 28 U.S.C.
`§ 1927 and the
`filing of unnecessary exhibits will be the basis for sanctions.
`
`A set of exhibits shall be delivered to the opposing
`4.
`party on the date the serving party's exhibit list is filed with
`the Clerk.
`
`Exhibits shall be arranged in a notebook, with each
`5.
`exhibit marked and individually tabbed.
`Each exhibit notebook
`should contain an index identifying each exhibit by number and with
`a short neutral description.
`
`Objections to exhibits shall be filed with the Clerk
`6.
`twelve (12) calendar days before trial.
`Any exhibit
`to which no
`objection is made shall be admitted without further action.
`
`If counsel so desire, exhibit notebooks may also be
`7.
`provided for each juror.
`No exhibit or photograph shall be shown
`to the jury unless a separate copy thereof is available for each
`juror or is of such a size as to be easily seen from the jury box.
`
`each party shall
`the day before the trial,
`On
`8.
`deliver to the Clerk two sets of pre-marked,
`indexed exhibits (one
`for the judge; and one for the witness).
`
`6
`
`

`

`Case 3:14-cv-00757-REP-DJN Document 65 Filed 03/26/15 Page 9 of 9 PageID# 6065
`Case 3:14-cv-OO757-REP-DJN Document 65 Filed 03/26/15 Page 9 of 9 PageID# 6065
`
`brought
`
`Exhibits as to which objections are taken shall be
`9.
`to the Final Pretrial Conference.
`
`E.
`
`Jury Instructions
`
`If this action is to be tried by a jury, each party
`1.
`shall file a complete set of proposed jury instructions with the
`Clerk on or before ten (10) calendar days before trial. Objections
`to instructions shall be filed in writing seven (7) calendar days
`before trial.
`Each party shall file a proposed jury verdict form
`with its instructions.
`
`resolve
`to
`effort
`every
`shall make
`Counsel
`2.
`to consolidate jury instructions,
`and to tender an
`objections,
`agreed set of instructions to the Court.
`Four
`(4) calendar days
`before trial, counsel for the plaintiff shall file (a) a set of all
`instructions as to which the parties are in agreement; and (b) a
`separate set of instructions as to which there remains a dispute,
`and, with respect to each such instruction, shall briefly state the
`points on which the parties are still in dispute.
`
`Instructions shall be filed as a group with a cover
`3.
`page in pleading form and with a certificate of service at the end.
`Each instruction shall be set forth on a separate page, shall be
`numbered and identified by the party submitting it (e.g., "P-l" or
`"D-l")
`and the original shall hear at
`its foot a citation of
`.authority supporting the instruction.
`
`P.
`
`Findings Of Fact And Conclusions Of Law
`
`If this action will not be tried by a jury, each
`1.
`party shall file with the Clerk proposed findings of
`fact and
`conclusions of
`law not later than ten (10) calendar days before
`trial.
`
`The proposed findings of fact and conclusions of law
`2.
`shall be in numbered paragraphs. Conclusions of law shall cite
`authority.
`
`G.
`
`Voir Dire
`
`Any proposed voir dire questions shall be filed with the
`Clerk and delivered to opposing counsel not later than seven (7)
`calendar days before trial. Objections to voir dire questions
`shall be filed three (3) calendar days before trial.
`
`