UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION
CALYPSO WIRELESS, INC. & DRAGO DAIC,
Plaintiffs-Counterclaim Defendants,
v.
T-MOBILE USA, INC.,
Defendant-Counterclaim Plaintiff.
Case No. 2:08-CV-441-TJW-CE
Jury Trial Demanded
[PROPOSED] DOCKET CONTROL ORDER
In accordance with the Court’s Orders on February 26, 2010 (D.I. 119, 122, 123), it is hereby,
ORDERED that the following schedule of deadlines is in effect until further order of this court:
November 7, 2011
Jury Selection – 9:00 a.m. in Marshall, Texas.
November 1, 2011
Pretrial Conference- 9:30 am in Marshall, Texas
September 26, 2011
Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict.
October 11, 2011
Motions in limine Due
The parties are ordered to meet and confer on their respective motions in limine and advise the court of any agreement in this regard by 1:00 p.m. three (3) business days before the pretrial conference. The parties shall limit their motions in limine to those issues which, if improperly introduced into the trial of the case would be so prejudicial that the court could not alleviate the prejudice with appropriate instruction(s).
October 11, 2011
Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings. 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, Susan Simmons, at lssimmons@yahoo.com
August 12, 2011
Responses to Dispositive Motions (including Daubert motions) 1
Responses to dispositive motions filed prior to the dispositive motion deadline, including Daubert Motions, shall be due in accordance with Local Rule CV-7(e). Motions for Summary Judgment shall comply with Local Rule CV-56.
July 18, 2011
For Filing Dispositive Motions and any other motions that may require a hearing (including Daubert motions)
April 25, 2011
Mediation to be completed
September 19, 2011
Defendant to Identify Trial Witnesses
September 12, 2011
Plaintiff to Identify Trial Witnesses
The later of July 1,2011 or 35 days after rebuttal expert reports
Expert Discovery Deadline
The later of May 27, 2011 or 28 days after opening expert reports
Designate Rebuttal Expert Witnesses other than claims construction
Rebuttal expert witness reports due
Refer to Discovery Order for required information.
15 Days after claim construction ruling
Comply with P.R. 3-7
The later of April 29, 2011 or 35 days after claim construction ruling
Party with the burden of proof to designate Expert Witnesses other than claims construction
Opening expert witness reports due
Refer to Discovery Order for required information.
April 11, 2011
Fact Discovery Deadline
December 9, 2010
Claim construction hearing 9:00 a.m., Marshall, Texas.
November 12, 2010
Comply with P.R. 4-5(c)
October 29, 2010
Comply with P.R. 4-5(b)
September 23, 2010
Comply with P.R. 4-5(a)
September 9, 2010
Discovery deadline-claims construction issues
September 9, 2010
Respond to Amended Pleadings
August 19, 2010
Amend Pleadings
(It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings except to the extent the amendment seeks to add a new patent in suit.
It is necessary to file a Motion for Leave to Amend after August 19, 2010).
September 2, 2010
Comply with P.R. 4-3
August 6, 2010
Comply with P.R. 4-2
July 9, 2010
Comply with P.R. 4-1
April 11, 2011
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).
June 15, 2010
Comply with P.R. 3-3, 3-4
March 15, 2010
Comply with P.R. 3-1, 3-2
1 This parties are directed to Local Rule CV-7(d), which provides in part that “n the event a party fails to oppose a motion in the manner prescribed herein the court will assume that the party has no opposition.” Local Rule CV-7(e) provides that a party opposing a motion has 12 days, in addition to any added time permitted under Fed. R. Civ. P. 6(e), in which to serve and file a response and any supporting documents, after which the court will consider the submitted motion for decision.
LIMITATIONS ON MOTION PRACTICE
Summary Judgment Motions: Prior to filing any summary judgment motion, the parties must submit letter briefs seeking permission to file the motion. The opening letter brief in each of those matters shall be no longer than five (5) pages and shall be filed with the Court no later than sixty (60) days before the deadline for filing summary judgment motions. Answering letter briefs in each of those matters shall be no longer than five (5) pages and filed with the Court no later than fourteen (14) days thereafter. Reply briefs in each of those matters shall be no longer than three (3) pages and filed with the Court no later than five (5) days thereafter. The Court may decide the question on the submissions or hold a hearing or telephone conference to hear arguments and to determine whether the filing of any motion will be permitted.
Motions to Strike Expert Testimony/Daubert Motions: Prior to filing any Motions to Strike or Daubert Motions, the parties must submit letter briefs seeking permission to file the motion. The opening letter brief in each of those matters shall be no longer than three (3) pages and shall be filed with the Court no later than sixty (60) days before the deadline for filing Motions to Strike or Daubert Motions. Answering letter briefs in each of those matters shall be no longer than three (3) pages and filed with the Court no later than fourteen (14) days thereafter. Reply briefs in each of those mailers shall be no longer than two (2) pages and filed with the Court no later than five (5) days thereafter. The Court may hold a hearing or telephone conference to hear arguments and to determine whether the filing of any motion will be permitted.
For all of the above mentioned motions, the letter briefs shall be filed without exhibits. Any requests to submit letter briefs after the deadlines outlined above must show good cause.
OTHER LIMITATIONS
1. All depositions to be read into evidence as part of the parties’ case-in-chief shall be EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony; ONLY those portions which are relevant to the issues in controversy shall be read into evidence.
2. The Court will refuse to entertain any motion to compel discovery filed after the date of this Order unless the movant advises the Court within the body of the motion that counsel for the parties have first conferred in a good faith attempt to resolve-the matter. See Eastern District of Texas Local Rule CV-7(h).
3. The following excuses will not warrant a continuance nor justify a failure to comply with the discovery deadline:
(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 special provision for the parties in the other case;
(c) The failure to complete discovery prior to trial, unless the parties can demonstrate that it was impossible to complete discovery despite their good faith effort to do so.
IT IS SO ORDERED.
