`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`FINTIV, INC.,
` Plaintiff,
`
`v.
`
`APPLE INC.,
` Defendant.
`
`
`6:21-cv-00926-ADA
`
`
`ORDER
`
`Came on for consideration this date is Plaintiff Fintiv, Inc.’s Emergency Motion for
`
`Reopening of Discovery, Trial Continuance, and Sanctions. ECF No. 431 (the “Emergency
`
`Motion”). Fintiv filed the Emergency Motion a little more than a week before jury selection.
`
`Because of that timing, and the seriousness of the allegations in the Emergency Motion, the Court
`
`finds that a continuance of the trial is necessary to permit a full and fair airing of the issue and
`
`adjudication as to whether the newly found evidence justifies re-opening fact discovery at this late
`
`stage. The parties should proceed to brief the Emergency Motion as normal; the Federal Rules of
`
`Civil Procedure and the relevant Local Rules will control the briefing schedule and page limits.
`
`The Court ORDERS that trial in the above captioned matter is continued pending
`
`resolution of the Emergency Motion. The Court will reset the trial date shortly after ruling on the
`
`Emergency Motion.
`
`The Court further ORDERS that jury selection set for Thursday, June 16, 2022 and trial
`
`set for Tuesday, June 21, 2022 are hereby VACATED.
`
`SIGNED this 7th day of June, 2022.
`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`1
`
`
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