Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 1 of 15 PageID #: 338
`
`United States District Court
`EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`T-REX PROPERTY AB
`
`V.
`
`JCDECAUX NORTH AMERICA, INC.
`and JCDECAUX NORTH AMERICA
`HOLDINGS, INC.
`
` §
` §
` §
` §
` §
` §
` §
`ORDER GOVERNING PROCEEDINGS
`(Patent Cases)
`
`CASE NO. 4:16cv303
`Judge Mazzant
`
`This case is SET for the Initial Rule 16 Management Conference before the undersigned on
`Tuesday, September 27, 2016, at 2:00 p.m. at the Paul Brown United States Courthouse, 101 E.
`Pecan Street, Sherman, Texas. Lead counsel for each party, with authority to bind their respective
`clients, and all unrepresented parties, shall be present. If a party is a corporation or other business
`entity, the in-house counsel or officer supervising the case shall attend in person or by phone.
`Continuance of the management conference will not be allowed absent a showing of good cause1.
`
`A. Rule 26 Attorney Conference
`
`The Rule 26(f) attorney conference in this case must occur by August 22, 2016. The
`conference may be by telephone. Rule 26(f)requires attorneys of record and all unrepresented parties
`to confer and attempt in good faith to agree on a proposed scheduling order (See Appendix B) and
`to file with the clerk a joint report outlining their proposals no later than 14 days after the
`conference.
`Before commencing the Rule 26(f) conference, counsel must discuss settlement options with
`their clients, including whether an offer or demand should be made at the Rule 26(f) attorney
`conference. Counsel should also inquire whether their clients are amenable to trial before a United
`States magistrate judge. Parties consenting should file the appropriate form as soon as possible.
`See Local Rules for the Eastern District of Texas, Local Rule CV-72, and instructions on the
`Court’s Website at www.txed.uscourts.gov.
`
`The parties must include the following matters in the joint conference report.
`
`(1)
`
`Suggested modifications of the proposed deadlines for the scheduling order set
`out in Appendix B, including:.
`
`a.
`
`The need for and any specific limits on discovery relating to claim
`construction, including depositions of witnesses, including expert
`witnesses;
`
`1 Before the case management conference, counsel and unrepresented parties should review the
`FEDERAL RULES OF CIVIL PROCEDURE, the LOCAL COURT RULES FOR THE EASTERN DISTRICT
`OF TEXAS, and the PATENT RULES of this court (all as most recently amended). The Local Court Rules and
`the Patent Rules are available on the Eastern District of Texas website (http://www.txed.uscourts.gov)
`
`

`

`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 2 of 15 PageID #: 339
`
`b.
`
`The scheduling of a Claim Construction Pre-hearing Conference to be
`held after the Joint Claim Construction and Pre-hearing Statement
`provided for in P.R.4-3 has been filed.
`
`(2)
`
`If the parties believe mediation may be appropriate, and the parties can agree
`upon a mediator, the name, address, and phone number of that mediator
`should be stated.
`
`(3) What changes, if any, should be made to the limitations on discovery imposed
`by the rules, including the number of depositions and interrogatories.
`
`(4)
`
`(5)
`
`(6)
`
`The identity of persons expected to be deposed.
`
`Any issues relating to disclosure of information (electronically stored and
`otherwise) including the form or forms in which it should be produced and
`timing of production. (See Section E - Mandatory Disclosures)
`
`Any issues relating to preserving discoverable information, including whether
`a Preservation Order is needed to protect any documents and/or electronically
`stored information.
`
`(7) Whether any other orders should be entered by the Court pursuant to Fed. R.
`Civ. P. 26(c), Fed. R. Civ. P. 16(b) or Fed. R. Civ. P. 16(c).
`
`(8)
`
`(9)
`
`Estimated trial time.
`
`The names of the attorneys who will appear on behalf of the parties at the
`management conference (the appearing attorney must be an attorney of record
`and have full authority to bind the client).
`
`(10) Any other matters counsel deem appropriate for inclusion in the joint
`conference report.
`
`B. Motions to Transfer
`
`Any motions to transfer shall be filed no later than twenty-one days before the Case
`Management Conference.
`
`C. Scheduling Conference
`
`At the scheduling conference, counsel shall be prepared to discuss the proposed scheduling
`order and the following issues related to the Claim Construction Hearing:
`
`(1) Whether the court will hear live testimony at the Claim Construction Hearing;
`
`(2)
`
`(3)
`
`The order of presentation at the Claim Construction Hearing;
`
`Estimated time limits for the Claim Construction Hearing.
`
`D. Protective Order
`
`-2-
`
`

`

`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 3 of 15 PageID #: 340
`
`The Protective Order, attached as Appendix A is hereby entered in this case and shall
`apply to all discovery and disclosures herein.
`
`E. Contested Motion Practice
`
`Counsel and parties shall comply with Local Rules CV-7, CV-10, CV-11, and for motions for
`summary judgement, CV-56, in addition to the Federal Rules of Civil Procedure. Local Rule CV-7
`requires you to attach affidavits and other supporting documents to the motion or response. Labeled
`tabs on the attachments to the courtesy copy will make it easier to find them.
`
`Counsel are reminded to comply with this Court’s Local Rules regarding courtesy copies (See
`Local Rule CV-5(a)(9)). Pursuant to Local Rule CV-7(b), highlight in the courtesy copy, the portions
`of the affidavits or other supporting documents which are cited in your motion or response.
`
`F. Safeguarding Personal Information
`
`The Judicial Conference of the United States has implemented policies to protect sensitive
`private information about parties, witnesses, and others involved in a civil, criminal, or bankruptcy
`case. To that end, all documents filed with the court and made available to the public, whether
`electronically or on paper, should limit certain information as follows:
`
`•
`•
`•
`•
`
`for Social Security numbers, use only the last four digits;
`for financial account numbers, use only the last four digits;
`for names of minor children, use only their initials;
`for dates of birth, use only the year; and
`
`If such information is elicited during testimony or other court proceedings, it will become
`available to the public when the official transcript is filed at the courthouse unless, and until, it is
`redacted. The better practice is for you to avoid introducing this information into the record in the first
`place. Please take this into account when questioning witnesses or making other statements in court.
`
`G. Compliance with Patent Rules
`
`The Local Patent Rules of the Eastern District of Texas (cited as P.R. ___), ( available on the
`Eastern District Website) shall apply to all proceedings in this case. In the absence of a showing of
`good cause by a party objecting to a required disclosure, the parties shall disclose, without further
`request or order, all information required by the Patent Rules in accordance with the deadlines set by
`the Rules.
`
`H. Mandatory Disclosures
`
`To the extent any such information is not required by the Local Patent Rules to be disclosed
`at an earlier date, Mandatory Disclosures shall be completed by the date set in the Scheduling Order
`entered after the Rule 16 management conference. Mandatory Disclosures consist of Initial
`Disclosures required by Fed. R. Civ. P. 26(a)(1) and the information listed below:
`
`(1)
`
`the correct names of the parties to the action;
`
`-3-
`
`

`

`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 4 of 15 PageID #: 341
`
`(2)
`
`(3)
`
`(4)
`
`the name and, if known, address and telephone number of any potential parties to the
`action;
`
`the name and, if known, the address and telephone number of persons having
`knowledge of facts relevant to the claim or defense of any party, a brief
`characterization of their connection to the case and a fair summary of the substance of
`the information known by such person (may be combined with list of persons required
`under Rule 26(a)(1)(A) so two list are not needed).
`
`depending upon agreements of the parties or ruling of the court, a copy of, or a
`description by category and location where each is available for inspection and
`copying, all documents, electronically stored information, and tangible things that are
`in the possession, custody, or control of the party relevant to the claims or defenses of
`any party. In this regard, the parties might agree to exchange images of documents
`electronically or by means of computer disk instead of paper; or the parties might agree
`to review and copy disclosure materials at the offices of the attorneys representing the
`parties instead of requiring each side to furnish copies of the disclosure materials.
`Various forms of staggered, or rolling, disclosures might be considered.
`
`
`See Local Rule CV-26(d) for meaning of “relevant to the claim or defense of any party.”
`
`The duty of disclosure is continuing and requires supplementation as set out in Fed. R. Civ. P.
`
`26(e).
`
`A party that fails to disclose any information required to be disclosed by any order of this court
`or the Patent Rules of this court will not, unless such failure is harmless, be permitted to use such
`evidence at trial, hearing or in support of a motion.
`
`To the extent that any party pleads a claim for relief or defensive matter other than those
`addressed in the Court’s Patent Rules, the parties shall also, without waiting for a request from other
`parties, exchange, by the date set for Mandatory Disclosures, all such information relevant to those
`additionally pleaded claims or defenses involved in this action.
`
`Absent agreement of the parties, depositions of witnesses shall not be taken until after the
`Initial Rule 16 management conference. Following the management conference, the court will enter
`a scheduling order establishing parameters of discovery and setting deadlines controlling disposition
`of the case.
`
`Discovery directed solely to damages shall usually be postponed until after the claim
`construction
`hearing. On the date set in the Scheduling Order, the parties shall complete discovery
`and Initial Disclosures on the issue of damages and shall respond to all damage discovery requests to
`which a response is due as of that date.
`
`I. Discovery Limitations
`
`Given the extensive disclosures required without a request from opposing party, absent
`further order of this court, discovery in this cause is limited to the disclosures described in this
`order, the Local Patent Rules and the Scheduling Order, together with 45 interrogatories, 45
`requests for admissions, depositions on written questions of custodians of business records for
`third parties, and 40 hours of deposition time per side. “Side” means a party or a group of parties
`
`-4-
`
`

`

`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 5 of 15 PageID #: 342
`
`with a common interest. Time will count whether used in direct examination or cross-examination
`of any witness. Any party may move at the Initial Management Conference to modify these
`limitations for good cause.
`
`J. Privileged Information
`
`There is no duty to disclose privileged documents or information. However, the parties are
`directed to meet and confer concerning privileged documents or information at the Initial Rule 26
`Conference. As directed in the Scheduling Order, the parties shall exchange privilege logs
`identifying the documents or information and the basis for any disputed claim of privilege in a
`manner that, without revealing information itself privileged or protected, will enable the other
`parties to assess the applicability of the privilege or protection. Any party may move the court for
`an order compelling the production of any documents or information identified on any other party’s
`privilege log. If such a motion is made, the party asserting privilege shall respond to the motion
`within the time period provided by Local Rule CV-7. The party asserting privilege shall file with
`its response any proof in the form of declarations or affidavits to support assertions of privilege,
`along with the documents over which privilege is asserted for in camera inspection. If the parties
`have no disputes concerning privileged documents or information, then the parties shall inform the
`court of that fact.
`
`K. Failure to Serve
`
`Any defendant who has not been served with the summons and complaint within 90 days after
`the filing of the complaint shall be dismissed, without further notice, unless prior to such time the
`party on whose behalf such service is required shows good cause why service has not been made. (See
`Fed. R. Civ. P. 4(m)).
`
`L. Fictitious Parties
`
`The name of every party shall be set out in the complaint (Fed. R. Civ. P. 10(a)). The use of
`fictitious names is disfavored by federal courts. Doe v. Blue Cross & Blue Shield, 112 F.3d. 869, 872
`(7th Cir. 1997). It is hereby ORDERED that this action be DISMISSED as to all fictitious parties.
`Dismissal is without prejudice to the right of any party to take advantage of the provisions of Fed. R.
`Civ. P. 15(c).
`
`M. Settlement
`
`Plaintiff’s counsel shall immediately notify the court upon settlement.
`
`N. Compliance
`
`Attorneys and pro se litigants who appear in this court shall comply with the deadlines set forth
`in the Federal Rules of Civil Procedure the Local Rules for the Eastern District of Texas as modified
`by the Patent Rules of this court, and this court’s orders. A party is not excused from the requirements
`of an order by virtue of the fact that dispositive motions are pending, the party has not completed its
`investigation, the party challenges the sufficiency of the opposing party’s disclosure, or because
`another party has failed to comply with this order or the rules.
`
`-5-
`
`

`

`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 6 of 15 PageID #: 343
`
`Failure to comply with relevant provisions of the Local Rules, the Federal Rules of Civil
`Procedure, the Patent Rules of this court, or any order of this court may result in the exclusion of
`evidence at trial, the imposition of sanctions by the court, or both. If a fellow member of the Bar
`makes a just request for cooperation or seeks scheduling accommodation, a lawyer will not arbitrarily
`or unreasonable withhold consent. However, the court is not bound to accept agreements of counsel
`to extend deadlines imposed by rule or court order. See Local Rule AT-3(j).
`
`O. Resources
`
`The Eastern District of Texas website (http://www.txed.uscourts.gov) contains the Eastern
`District Local Rules and the Local Patent Rules, links to other judicial sites and other information. For
`a fee, the PACER system allows you to access case information via the internet. To establish a
`PACER account, call (800) 676-6856.
`
`Appendices A and B are attached and incorporated herein.
`
`-6-
`
`

`

`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 7 of 15 PageID #: 344
`
`United States District Court
`EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`
`T-REX PROPERTY AB
`
`V.
`
`JCDECAUX NORTH AMERICA, INC.
`and JCDECAUX NORTH AMERICA
`HOLDINGS, INC.
`
` §
` §
` §
` §
` §
` §
` §
`
`CASE NO. 4:16cv303
`Judge Mazzant
`
`PROTECTIVE ORDER
`
`The Court, sua sponte, issues this Protective Order to facilitate document disclosure and
`
`production under the Local Rules of this Court and the Federal Rules of Civil Procedure. Unless
`
`modified pursuant to the terms contained in this Order, this Order shall remain in effect through the
`
`conclusion of this litigation.
`
`In support of this order, the court finds that:
`
`1.
`
`Documents or information containing confidential proprietary and business information and/or
`
`trade secrets (“Confidential Information”) that bear significantly on the parties’ claims or
`
`defenses is likely to be disclosed or produced during the course of discovery in this litigation;
`
`2.
`
`The parties to this litigation may assert that public dissemination and disclosure of Confidential
`
`Information could severely injure or damage the party disclosing or producing the Confidential
`
`Information and could place that party at a competitive disadvantage;
`
`3.
`
`Counsel for the party or parties receiving Confidential Information are presently without
`
`sufficient information to accept the representation(s) made by the party or parties producing
`
`Confidential Information as to the confidential, proprietary, and/or trade secret nature of such
`
`Confidential Information; and
`
`4.
`
`To protect the respective interests of the parties and to facilitate the progress of disclosure and
`
`discovery in this case, the following Order should issue:
`
`Appendix A - Protective Order
`
`-7-
`
`

`

`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 8 of 15 PageID #: 345
`
`IT IS THEREFORE ORDERED THAT:
`
`(1)
`
`Documents or discovery responses containing Confidential Information disclosed or produced
`
`by any party in this litigation are referred to as “Protected Documents.” Except as otherwise
`
`indicated below, all documents or discovery responses designated by the producing party as
`
`“Confidential” and which are disclosed or produced to the attorney’s for the other parties to
`
`this litigation are Protected Documents and are entitled to confidential treatment as described
`
`below.
`
`(2)
`
`Protected Documents shall not include (a) advertising materials, (b) materials that on their face
`
`show that they have been published to the general public, or (c) documents that have submitted
`
`to any governmental entity without request for confidential treatment.
`
`(3)
`
`At any time after the delivery of Protected Documents, counsel for the party or parties
`
`receiving the Protected Documents may challenge the Confidential designation of all or any
`
`portion thereof by providing written notice thereof to counsel for the party disclosing or
`
`producing the Protected Documents. If the parties are unable to agree as to whether the
`
`confidential designation of discovery material is appropriate, the party or parties receiving the
`
`Protected Documents shall certify to the Court that the parties cannot reach an agreement as
`
`to the confidential nature of all or a portion of the Protected Documents. Thereafter, the party
`
`or parties disclosing or producing the Protected Documents shall have ten (10) days from the
`
`date of certification to file a motion for protective order with regard to any Protected
`
`Documents in dispute. The party or parties producing the Protected Documents shall have the
`
`burden of establishing that the disputed Protected Documents are entitled to confidential
`
`treatment. If the party or parties producing the Protected Documents do not timely file a
`
`motion for protective order, then the Protected Documents in dispute shall no longer be subject
`
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`

`

`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 9 of 15 PageID #: 346
`
`to confidential treatment as provided in this Order. All Protected Documents are entitled to
`
`confidential treatment pursuant to the terms of this Order until and unless the parties formally
`
`agree in writing to the contrary, a party fails to timely move for a protective order, or a contrary
`
`determination is made by the Court as to whether all or a portion of a Protected Document is
`
`entitled to confidential treatment.
`
`(4)
`
`Confidential Treatment. Protected Documents and any information contained therein shall not
`
`be used or shown, disseminated, copied, or in any way communicated to anyone for any
`
`purpose whatsoever, except as provided for below.
`
`(5)
`
`Protected Documents and any information contained therein shall be disclosed only to the
`
`following persons (“Qualified Persons”):
`
`(1)
`
`(2)
`
`Outside counsel of record in this action for the party or party receiving Protected
`Documents or any information contained therein;
`
`Employees of such counsel (excluding experts and investigators) assigned to and
`necessary to assist such counsel in the preparation and trial of this action; and
`
`(3)
`
`The Court.
`
`Protected Documents and any information contained therein shall be used solely for the
`
`prosecution of this litigation.
`
`(6)
`
`Outside counsel of record for the party or parties receiving Protected Documents may create
`
`an index of the Protected Documents and furnish it to attorneys of record representing or
`
`having represented parties involved in litigation involving the claims alleged in this suit against
`
`the party or parties disclosing or producing the Protected Documents. The index may only
`
`identify the document, date, author, and general subject matter of any Protected Document,
`
`but may not reveal the substance of any such document. Counsel for the party or parties
`
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`

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`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 10 of 15 PageID #: 347
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`receiving Protected Documents shall maintain a current log of the names and addresses of
`
`persons to whom the index was furnished.
`
`(7)
`
`The term “copy” as used herein means any photographic, mechanical or computerized copy
`
`or reproduction of any document or thing, or any verbatim transcript, in whole or in part, of
`
`such document or thing.
`
`(8)
`
`To the extent that Protected Documents or information contained therein are used in
`
`depositions, such documents or information shall remain subject to the provisions of this
`
`Order, along with the transcript pages of the deposition referring to the Protected Documents
`
`or information contained therein.
`
`(9)
`
`Any court reporter or transcriber who reports or transcribes deposition testimony in this action
`
`shall agree that all “confidential” information designated as such under this Order shall remain
`
`“confidential” and shall not be disclosed by them, except pursuant to the terms of this Order,
`
`and that any notes or transcriptions of such deposition testimony (and any accompanying
`
`exhibits) will be retained by the reporter or delivered to counsel of record.
`
`(10)
`
`Inadvertent or unintentional production of documents or information containing Confidential
`
`Information which are not designated “confidential” shall not be deemed a waiver in whole or
`
`in part of a claim for confidential treatment.
`
`(11)
`
`The party or parties receiving Protected Documents shall not under any circumstances sell,
`
`offer for sale, advertise, or publicize Protected Documents or any information contained
`
`therein.
`
`(12) After termination of this litigation, the provisions of this Order shall continue to be binding,
`
`except with respect to those documents and information that become a matter of public record.
`
`This Court retains and shall have continuing jurisdiction over the parties and recipients of the
`
`-10-
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`

`

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`
`Protected Documents for enforcement of the provisions of this Order following termination
`
`of this litigation.
`
`(13) Upon termination of this action by dismissal, judgment, or settlement, counsel for the party or
`
`parties receiving Protected Documents shall return the Protected Documents to the counsel for
`
`the party or parties disclosing or producing the Protected Documents. The party or parties
`
`receiving the Protected Documents shall keep their attorney work product which refers or
`
`relates to any Protected Documents. Attorney work product may be used in subsequent
`
`litigation provided that such use does not disclose Protected Documents or any information
`
`contained therein.
`
`(14)
`
`This Order shall be binding upon the parties and their attorneys, successors, executors, personal
`
`representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions,
`
`employees, agents, independent contractors, or other persons or organizations over which they
`
`have control.
`
`The Court anticipates that the parties may file a motion to modify the terms hereof with respect
`
`to the sharing of Protected Documents with experts and consultants; shifting the cost burden of
`
`production equitably; and other terms that may be reasonably required to protect a party as provided
`
`in Rule 26(b) or (c) of the Federal Rules of Civil Procedure.
`
`-11-
`
`

`

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`
`Appendix B
`
`Proposed Deadlines
`
`Parties are directed to discuss the proposed deadlines in conjunction with the E.D. Tex. Patent Rules.
`
`10 days after Mgmt. Conf.
`
`P.R. 3-1 Disclosure of Asserted Claims and Infringement
`Contentions (and P.R. 3-2 document production) to be served.
`
`5 weeks after Mgmt. Conf.
`
`Join Additional Parties
`
`To be discussed at
`Mgmt. Conf.
`
`7 weeks after Mgmt. Conf.
`
`5 weeks after Mgmt. Conf.
`
`Mediation.
`The Court will appoint a mediator at the Management
`Conference.
`
`Privilege Logs to be exchanged by parties
`(or a letter to the Court stating that there are no disputes as to
`claims of privileged documents).
`
`P.R. 3-3 Invalidity Contentions (and P.R. 3-4 document
`production) to be served. To extent not already required to be
`disclosed, exchange Mandatory Disclosures other
`than
`information directed solely towards damages.
`
`No later than 45 days after
`Mgmt. Conf.
`
`Parties to exchange proposed terms for construction and identify
`any claim element governed by 35 U.S.C. § 112, ¶ 6 (P.R. 4-1).
`
`No later than 65 days after
`Mgmt. Conf.
`
`Parties to exchange preliminary proposed claim construction
` and extrinsic evidence supporting same (P.R. 4-2).
`
`13 weeks after Mgmt. Conf.
`
`Parties’ Final Amended Pleadings
`(A motion for leave is required.)
`
`No later than 95 days after
`Mgmt. Conf.
`
`Joint Claim Construction and Prehearing Statement to be filed
` (P.R. 4-3). Provide an estimate of how many pages are needed
`to brief the disputed claims.
`
`16 weeks after Mgmt. Conf.
`
`Respond to Amended Pleadings
`
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`

`

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`
`No later than 125 days after Completion date for discovery on claim construction (P.R.
`Mgmt. Conf.
`4-4).
`
`No later than 140 days after
`Mgmt. Conf.
`
`No later than 2 weeks after
`claim construction brief
`
`No later than 7 days after
`response
`
`4 weeks before claim
`construction hearing
`
`Opening claim construction brief (P.R. 4-5(a)).
`
`Responsive claim construction brief (P.R. 4-5(b)).
`
`Reply claim construction brief (P.R. 4-5©).
`
`Submit technology synopsis/tutorial (both hard copy and disk).
`
`At least 10 days before claim
`construction hearing
`
`Parties to file joint claim construction and chart (P.R. 4-5(d)).
`Parties shall work together to agree on as many claim terms as
`possible.
`
`5 weeks after claim
`construction hearing
`
`
`
`
`
`
`
`
`Proposed Claim Construction hearing, March 21, 2017, at 9:00
`a.m. at the Paul Brown United States Courthouse, 101
`E. Pecan Street, Sherman, Texas
`
`Provide Initial Mandatory Disclosures of
`information directed solely to damages.
`Deadline for Initial Mandatory Disclosure of all persons,
`documents, data compilations and tangible things, which
`are relevant to a claim or defense of any party and which
`has not previously been disclosed. This deadline is not an
`extension of earlier deadlines set out in this court’s order
`or the Patent Rules, nor an excuse to delay disclosure of
`information. It is a “catchall” deadline for provision of
`all remaining information which may be relevant to a claim
`or defense of any party at trial.
`
`9 weeks after claim
`Parties with burden of proof to designate Expert Witnesses
`construction hearing other than claims construction experts and provide their
` expert witness reports, to include for ALL experts all
` information set out in Rule 26(a)(2)(B).
`
`_______________________
`
`Comply with P.R. 3-7. (Designation of Wilfulness
`
`-13-
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`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 14 of 15 PageID #: 351
`
`
`
`Opinions).
`
`11 weeks after claim
`construction
`
`
`
`13 weeks after claim
`construction hearing
`(no later than 110 days prior to
`the PTC)
`
`13 weeks after claim
`construction hearing
`
`
`
`Parties to Designate Expert Witnesses on issues for which the
`parties do not bear the burden of proof, and provide their expert
`witness report, to include for ALL experts all information set
`out in Rule 26(2)(B).
`Note: Objections to any expert, including Daubert
`motions, shall be filed within 3 weeks after the expert’s
`Report has been disclosed. Such objections and motions are
`limited to ten pages each.
`
`File Dispositive Motions and any other motions that may
`require a hearing. Regardless of how many dispositive motions
`a party files, each party is limited to a total of sixty pages for
`such motions. Each individual motion shall comply with Local
`Rule CV-7.
`Responses to motions shall be due in accordance with Local
`Rule CV-7(e).
`
`Discovery Deadline. All discovery must be served in time
`to be completed by this date.
`
`5 weeks before docket call
`
`Notice of intent to offer certified records
`
`5 weeks before docket call
`
`4 weeks before docket call
`
`Counsel and unrepresented parties are each responsible for
`contacting opposing counsel and unrepresented parties to
`determine how they will prepare the Joint Final Pretrial Order
`(See www.txed.uscourts.gov) and Proposed Jury Instructions
`and Verdict Form (or Proposed Findings of Fact and
`Conclusions of Law in nonjury cases).
`
`Video Deposition Designation due. Each party who proposes
`to offer a deposition by video shall serve on all other parties a
`disclosure identifying the line and page numbers to be offered.
`All other parties will have seven calendar days to serve a
`response with any objections and requesting cross examination
`line and page numbers to be included. Counsel must consult on
`any objections and only those which can not be resolved shall
`be presented to the court. The party who filed the initial Video
`Deposition Designation is responsible for preparation of the
`
`-14-
`
`

`

`Case 4:16-cv-00303-ALM Document 16 Filed 07/20/16 Page 15 of 15 PageID #: 352
`
`30 days before docket call
`
`2 weeks before docket call
`
`
`October 10, 2017
`
`
`___________________
`
`final edited video in accordance with all parties designations
`and the court’s rulings on objections
`
`Motions in limine due
`File Joint Final Pretrial Order. Exchange Exhibits and deliver
`copies to the court. At this date, all that is required to be
`submitted to the court is a hyperlinked exhibit list on disk (2
`copies) and no hard copies
`
`Response to motions in limine due
`File objections to witnesses, deposition extracts, and exhibits,
`listed in pre-trial order. (This does not extend the deadline to
`object to expert witnesses). If numerous objections are filed the
`court may set a hearing prior to docket call.
`File Proposed Jury Instructions/Form of Verdict (or Proposed
`Findings of Fact and Conclusions of Law).
`
`Final Pretrial Conference at 9:00 a.m. at the Paul Brown United
`States Courthouse, 101 E. Pecan Street, Sherman, Texas 75090.
`
`9:30 a.m. Jury Selection and Trial at the Paul Brown United
`States Courthouse located at 101 East Pecan Street in Sherman,
`Texas.
`
`-15-
`
`