Mirror Worlds, LLC v. Apple, Inc.

Filing 185

Unopposed MOTION to Amend/Correct the Docket Control Order by Mirror Worlds Technologies, Inc., Mirror Worlds, LLC. (Attachments: # 1 Proposed Order)(Solo, Alexander)

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Mirror Worlds, LLC v. Apple, Inc. Doc. 185 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC Plaintiff, JURY TRIAL DEMANDED v. APPLE, INC. Defendant. APPLE, INC. Counterclaim Plaintiff, v. MIRROR WORLDS, LLC, MIRROR WORLDS, TECHNOLOGIES, INC. Counterclaim Defendants. UNOPPOSED MOTION TO AMEND THE AMENDED DOCKET CONTROL ORDER Plaintiff Mirror Worlds, LLC ("Mirror Worlds") and Counterclaim Defendant Mirror Worlds Technologies, Inc. ("MWT") hereby move to amend the Docket Control Order. In support, Mirror Worlds and MWT will show the following. The Docket Control Order (D.E. 32) entered September 18, 2009 and amended by the Order Granting Unopposed Motion to Amend the Docket Control Order (D.E. 183) entered April 2, 2010, sets the following deadlines: Civil Action No. 6:08-CV-88 LED NY 72748574 Dockets.Justia.com May 13, 2010 May 31, 2010 June 10, 2010 June 11, 2010 June 15, 2010 June 18, 2010 July 9, 2010 July 23, 2010 Parties with burden of proof designate expert witnesses (non-construction issues). Expert witness reports due. Refer to Local Rules for required information. Parties designate rebuttal expert witnesses (non-construction issues), Rebuttal expert witness reports due. Refer to Local Rules for required information. Discovery Deadline (both fact and expert). Parties to Identify Trial Witnesses; Amend Pleadings (after Markman Hearing). It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings. It is necessary to file a Motion for Leave to Amend after the deadline. However, except as provided in Patent Rule 3-6, if the amendment would effect infringement contentions or invalidity contentions, a motion must be made pursuant to Patent Rule 3-6 irrespective of whether the amendment is made prior to this deadline. Parties to Identify Rebuttal Trial Witnesses Dispositive Motions due from all parties and any other motions that may require a hearing (including Daubert motions) due. Motions shall comply with Local Rule CV-56 and Local Rule CV-7. Motions to extend page limits will only be granted in exceptional circumstances. Response to Dispositive Motions (including Daubert motions) due. Responses to dispositive motions filed prior to the dispositive motion deadline, including Daubert motions, shall be due in accordance with Local Rule CV-56 and Local Rule CV-7. Motions to extend page limits will only be granted in exceptional circumstances. Joint Pretrial Order, Joint Proposed Jury Instructions with citation to authority and Form of the Verdict for jury trials due. Proposed Findings of Fact and Conclusions of Law with citation to authority for issues tried to the bench. Notice of Request for Daily Transcript or Real NY 72748574 Time Reporting of Court Proceedings due. If a daily transcript or real time reporting of court Joint Pretrial Order, Joint Proposed Jury Instructions with citation to authority and Form of the Verdict for jury trials due. Proposed Findings of Fact and Conclusions of Law with citation to authority for issues tried to the bench. Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings due. If a daily transcript or real time reporting of court proceedings is requested for trial or hearings, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Shea Sloan, at shea_sloan@txed.uscourts.gov. Pretrial Disclosures due. Video and Stenographic Deposition Designation due. Each party who proposes to offer deposition testimony shall file a disclosure identifying the line and page numbers to be offered. Rebuttal Designations and Objections to Deposition Testimony due. Cross examination line and page numbers to be included. In video depositions, each party is responsible for preparation of the final edited video in accordance with their parties' designations and the Court's rulings on objections. Objections to Rebuttal Deposition Testimony due. July 26, 2010 August 9, 2010 August 16, 2010 Accordingly, Mirror Worlds and MWT request that the Court modify the Docket Control Order as follows: NY 72748574 Original Deadline May 13, 2010 Amended Deadline May 20, 2010 Docket Control Order Item Parties with burden of proof designate expert witnesses (non-construction issues). Expert witness reports due. Refer to Local Rules for required information. Parties designate rebuttal expert witnesses (non-construction issues), Rebuttal expert witness reports due. Refer to Local Rules for required information. Discovery Deadline (both fact and expert). Parties to Identify Trial Witnesses; Amend Pleadings (after Markman Hearing). It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings. It is necessary to file a Motion for Leave to Amend after the deadline. However, except as provided in Patent Rule 3-6, if the amendment would effect infringement contentions or invalidity contentions, a motion must be made pursuant to Patent Rule 3-6 irrespective of whether the amendment is made prior to this deadline. Parties to Identify Rebuttal Trial Witnesses Dispositive Motions due from all parties and any other motions that may require a hearing (including Daubert motions) due. Motions shall comply with Local Rule CV-56 and Local Rule CV-7. Motions to extend page limits will only be granted in exceptional circumstances. Response to Dispositive Motions (including Daubert motions) due. Responses to dispositive motions filed prior to the dispositive motion deadline, including Daubert motions, shall be due in accordance with Local Rule CV-56 and Local Rule CV-7. Motions to extend page limits will only be granted in exceptional circumstances. Joint Pretrial Order, Joint Proposed Jury Instructions with citation to authority and Form of the Verdict for jury trials due. Proposed Findings of Fact and Conclusions of Law with citation to authority for issues tried May 31, 2010 June 4, 2010 June 10, 2010 June 11, 2010 June 14, 2010 June 16, 2010 June 15, 2010 June 18, 2010 June 21, 2010 July 1, 2010 July 9, 2010 July 21, 2010 July 23, 2010 August 2, 2010 NY 72748574 to the bench. Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings due. If a daily transcript or real time reporting of court Joint Pretrial Order, Joint Proposed Jury Instructions with citation to authority and Form of the Verdict for jury trials due. Proposed Findings of Fact and Conclusions of Law with citation to authority for issues tried to the bench. Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings due. If a daily transcript or real time reporting of court proceedings is requested for trial or hearings, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Shea Sloan, at shea_sloan@txed.uscourts.gov. Pretrial Disclosures due. Video and Stenographic Deposition Designation due. Each party who proposes to offer deposition testimony shall file a disclosure identifying the line and page numbers to be offered. Rebuttal Designations and Objections to Deposition Testimony due. Cross examination line and page numbers to be included. In video depositions, each party is responsible for preparation of the final edited video in accordance with their parties' designations and the Court's rulings on objections. Objections to Rebuttal Deposition Testimony due. July 26, 2010 August 5, 2010 August 9, 2010 August 12, 2010 August 16, 2010 August 17, 2010 Subsequent dates in the Docket Control Order are unaffected. Apple does not oppose this Motion. This extension is not sought for purposes of delay. NY 72748574 WHEREFORE, Mirror Worlds and MWT respectfully request the Court to amend the Docket Control Order as set forth herein. Dated: May 11, 2010 Respectfully submitted, By: /s/ Alexander Solo Otis Carroll, Lead Counsel (Texas States Bar No. 03895700) Deborah Race (Texas State Bar No. 16448700) IRELAND CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Tel: (903) 561-1600 Fax: (903) 581-1071 Email: Fedserv@icklaw.com Joseph Diamante (Pro Hac Vice) Kenneth L. Stein (Pro Hac Vice) Ian G. DiBernardo (Pro Hac Vice) Alexander Solo (Pro Hac Vice) STROOCK & STROOCK & LAVAN LLP 180 Maiden Lane New York, N.Y. 10038 Tel: (212) 806-5400 Fax: (212) 806-6006 Email: kstein@stroock.com ATTORNEYS FOR MIRROR WORLDS, LLC AND MIRROR WORLDS TECHNOLOGIES, INC. NY 72748574 CERTIFICATE OF CONFERENCE I hereby certify that counsel for Mirror Worlds and MWT has satisfied the "meet and confer" requirements of Local Rule CV-7(h), and that counsel of record in this matter are not opposed to the relief sought in this Motion. /s/ Alexander Solo Alexander Solo CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document this 11th day of May, 2010, via the Court's CM/ECF system per Local Rule CV-5(a)(3). /s/ Alexander Solo NY 72748574