2019-08-08 QNT v Apple - DCOpdf
2019-08-08 QNT v Apple - DCOpdf
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  1. QUEST NETTECH CORPORATION, Plaintiff, v. APPLE INC., Defendant. § § § § § § § § § Case No. 2:19-cv-118-JRG JURY TRIAL DEMANDED DOCKET CONTROL ORDER In accordance with the scheduling conferenceheld in this case, it is hereby ORDEREDthat the following schedule of deadlines is ineffect until furtherorder of this Court: September 14, 2020 *Jury Selection – 9:00 a.m. in Marshall, TexasAugust 17, 2020 *Pretrial Conference – 9:00 a.m. in Marshall, Texas before JudgeRodney GilstrapAugust 3, 2020 *Notify Deputy Clerk in Charge regarding the date and time bywhich juror questionnaires shall be presented to accompany by jurysummons if the Parties desire to avail themselves the benefit ofusing juror questionnaires1August 3, 2020 *Notify Court of Agreements Reached During Meet and ConferThe parties are ordered to meet and confer on any outstanding objections or motions in limine. The parties shall advise the Court of any agreements reached no later than 1:00 p.m. three (3) business days before the pretrial conference. 1The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir Dire. IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONCase 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 1 of 6 PageID #: 451
  2. - 2 -August 3, 2020 *File Joint Pretrial Order, Joint Proposed Jury Instructions, JointProposed Verdict Form, Responses to Motions in Limine, UpdatedExhibit Lists, Updated Witness Lists, and Updated DepositionDesignationsJuly 27, 2020 *File Notice of Request for Daily Transcript or Real TimeReporting.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, Shelly Holmes, at shelly_holmes@txed.uscourts.gov. July 20, 2020 File Motions in LimineThe parties shall limit their motions in limine to issues that if improperly introduced at trial would be so prejudicial that the Court could not alleviate the prejudice by giving appropriate instructions to the jury. July 20, 2020 Serve Objections to Rebuttal Pretrial Disclosures July 6, 2020 Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial Disclosures June 29, 2020 Serve Pretrial Disclosures (Witness List, Deposition Designations, and Exhibit List) by the Party with the Burden of Proof June 22, 2020 *Response to Dispositive Motions (including Daubert Motions).Responses to dispositive motions that were filed prior to thedispositive motion deadline, including Daubert Motions, shall bedue in accordance with Local Rule CV-7(e), not to exceed thedeadline as set forth in this Docket Control Order.2 Motions forSummary Judgment shall comply with Local Rule CV-56.2The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s failure to oppose a motion in the manner prescribed herein creates a presumption that the party does not controvert the facts set out by movant and has no evidence to offer in opposition to the motion.” If the deadline under Local Rule CV 7(e) exceeds the deadline for Response to Dispositive Motions, the deadline for Response to Dispositive Motions controls.Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 2 of 6 PageID #: 452
  3. - 3 -June 8, 2020 *File Motions to Strike Expert Testimony (including DaubertMotions)No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court. June 8, 2020 *File Dispositive MotionsNo dispositive motion may be filed after this date without leave of the Court. Motions shall comply with Local Rule CV-56 and Local Rule CV-7. Motions to extend page limits will only be granted in exceptionalcircumstances. Exceptional circumstances require more than agreement among the parties. June 8, 2020 Deadline to Complete Expert Discovery May 18, 2020 Serve Disclosures for Rebuttal Expert Witnesses April 20, 2020 Deadline to Complete Fact Discovery and File Motions to Compel Discovery April 27, 2020 Serve Disclosures for Expert Witnesses by the Party with the Burden of Proof April 13, 2020 Deadline to Complete Mediation The parties are responsible for ensuring that a mediation report is filed no later than 5 days after the conclusion of mediation. April 6, 2020 Comply with P.R. 3-7 (Opinion of Counsel Defenses) March 16, 2020 *Claim Construction Hearing – 1:30 p.m. in Marshall, Texasbefore Judge Rodney GilstrapMarch 2, 2020 *Comply with P.R. 4-5(d) (Joint Claim Construction Chart)February 24, 2020 *Comply with P.R. 4-5(c) (Reply Claim Construction Brief)February 18, 2020 Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) February 3, 2020 Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and Submit Technical Tutorials (if any) Good cause must be shown to submit technical tutorials after the deadline to comply with P.R. 4-5(a). Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 3 of 6 PageID #: 453
  4. - 4 -February 3, 2020 Deadline to Substantially Complete Document Production and Exchange Privilege Logs Counsel are expected to make good faith efforts to produce all required documents as soon as they are available and not wait until the substantial completion deadline. January 21, 2020 Comply with P.R. 4-4 (Deadline to Complete Claim Construction Discovery) January 13, 2020 File Response to Amended Pleadings December 30, 2019 *File Amended PleadingsIt is not necessary to seek leave of Court to amend pleadings prior to this deadline unless the amendment seeks to assert additional patents. December 23, 2019 Comply with P.R. 4-3 (Joint Claim Construction Statement) December 2, 2019 Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions) November 12, 2019 Comply with P.R. 4-1 (Exchange Proposed Claim Terms) September 12, 2019 Comply with P.R. 3-3 & 3-4 (Invalidity Contentions) July 22, 2019 *File Proposed Protective Order and Comply with Paragraphs 1 & 3of the Discovery Order (Initial and Additional Disclosures)The Proposed Protective Order shall be filed as a separate motion with the caption indicating whether or not the proposed order is opposed in any part. July 15, 2019 *File Proposed Docket Control Order and Proposed DiscoveryOrderThe Proposed Docket Control Order and Proposed Discovery Order shall be filed as separate motions with the caption indicating whether or not the proposed order is opposed in any part. July 8, 2019 Join Additional Parties July 5, 2019 *File Notice of MediatorJune 27, 2019 Comply with P.R. 3-1 & 3-2 (Infringement Contentions) Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 4 of 6 PageID #: 454
  5. - 5 -(a) The fact that there are motions for summary judgment or motions to dismiss pending;(b) The fact that one or more of the attorneys is set for trial in another court on the same day,unless the other setting was made prior to the date of this order or was made as a specialprovision for the parties in the other case;(c) The failure to complete discovery prior to trial, unless the parties can demonstrate that itwas impossible to complete discovery despite their good faith effort to do so.Amendments to the Docket Control Order (“DCO”): Any motion to alter any date onthe DCO shall take the form of a motion to amend the DCO. The motion to amend the DCO shall include a proposed order that lists all of the remaining dates in one column (as above) and the proposed changes to each date in an additional adjacent column (if there is no change for a date the proposed date column should remain blank or indicate that it is unchanged). In other words, the DCO in the proposed order should be complete such that one can clearly see all the remaining deadlines and the changes, if any, to those deadlines, rather than needing to also refer to an earlier version of the DCO. Proposed DCO: The Parties’ Proposed DCO should also follow the format described above under “Amendments to the Docket Control Order (‘DCO’).” (*)indicates a deadline that cannot be changed without showing good cause. Good cause is not shown merely by indicating that the parties agree that the deadline should be changed. ADDITIONAL REQUIREMENTSNotice of Mediator: The parties are to jointly file a notice that identifies the agreed upon mediator or indicates that no agreement was reached. If the parties do not reach an agreement, the Court will appoint a mediator. The parties should not file a list of mediators to be considered by the Court. Summary Judgment Motions, Motions to Strike Expert Testimony, and DaubertMotions: For each motion, the moving party shall provide the Court with two (2) hard copies of the completed briefing (opening motion, response, reply, and if applicable, sur-reply), excluding exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and must include the CM/ECF header. These copies shall be delivered to the Court within three (3) business days after briefing has completed. For expert-relatedmotions, complete digital copies of the relevant expert report(s) and accompanying exhibits shall submitted on a single flash drive to the Court. Complete digital copies of the expert report(s) shall be delivered to the Court no later than the dispositive motion deadline. Indefiniteness: In lieu of early motions for summaryjudgment, the parties are directed to include any arguments related to the issue of indefiniteness in their Markman briefing, subject to the local rules’ normal page limits. Motions for Continuance: The following excuses will not warrant a continuance nor justify a failure to comply with the discovery deadline:Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 5 of 6 PageID #: 455
  6. - 6 -In issuing this Order, the Court finds that it is premature at this time to impose deadlines for the Parties to narrow the scope asserted claims and references. (See Dkt. No. 30 1–2.)So Ordered thisAug 8, 2019Case 2:19-cv-00118-JRG Document 42 Filed 08/08/19 Page 6 of 6 PageID #: 456
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