Google Inc. v. Rockstar Consortium US LP et al

Filing 67

MOTION to Transfer Case or, in the Alternative to Stay filed by MobileStar Technologies LLC, Rockstar Consortium US LP. Motion Hearing set for 6/26/2014 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 5/23/2014. Replies due by 5/30/2014. (Attachments: # 1 Declaration of Joshua Budwin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Declaration of William Colvin, # 38 Declaration of Brian Egan, # 39 Declaration of Erik Fako, # 40 Declaration of Mark Hearn, # 41 Declaration of Gillian Mccolgan, # 42 Declaration of Matthew Poisson, # 43 Declaration of Donald Powers, # 44 Declaration of Marilyn French-St. George, # 45 Declaration of John Veschi, # 46 Declaration of Bruce Anthony Wootton, # 47 Proposed Order)(Budwin, Joshua) (Filed on 5/9/2014)

EXHIBIT 33

Case 2:13-cv-00894-JRG Document 91 Filed 04/29/14 Page 1 of 5 PageID #: 2030

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ROCKSTAR CONSORTIUM US LP, ET
AL,
Plaintiffs
V.
ASUSTEK COMPUTER, INC., ET AL.,
Defendants

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CIVIL NO. 2:13-CV-00894-JRG
LEAD CASE

JURY TRIAL REQUESTED

DOCKET CONTROL ORDER
In accordance with the scheduling conference held in this case on April 7, 2014, it is
hereby ORDERED that the following schedule of deadlines is in effect until further order of this
Court:
July 13, 2015

*Jury Selection – 9:00 a.m. in Marshall, Texas

June 1, 2015

*Pretrial Conference – 9:00 a.m. in Marshall, Texas before Judge
Rodney Gilstrap

May 27, 2015

*Notify Court of Agreements Reached During Meet and Confer
The 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.

May 25, 2015

*File Joint Pretrial Order, Joint Proposed Jury Instructions, Joint Proposed
Verdict Form, and Responses to Motions in Limine

May 18, 2015

*File Notice of Request for Daily Transcript or Real Time Reporting.
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
[e-mail].

02815.51757/5895171.1

Case 2:13-cv-00894-JRG Document 91 Filed 04/29/14 Page 2 of 5 PageID #: 2031

May 14, 2015

File Motions in Limine
The 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.

May 14, 2015

Serve Objections to Rebuttal Pretrial Disclosures

May 7, 2015

Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
Disclosures

April 23, 2015

Serve Pretrial Disclosures (Witness List, Deposition Designations, and
Exhibit List) by the Party with the Burden of Proof

March 23, 2015

*File Dispositive Motions or Motions to Strike Expert Testimony (including
Daubert Motions)
No dispositive motion or motion to strike expert testimony (including a
Daubert motion) may be filed after this date without leave of the Court.

March 12, 2015

Deadline to Complete Expert Discovery

March 5, 2015

Serve Disclosures for Rebuttal Expert Witnesses. Rebuttal expert witness
reports due. Refer to Local Rules for required information

February 12,
2015

Serve Disclosures for Expert Witnesses by the Party with the Burden of
Proof. Expert witness reports due. Refer to Local Rules for required
information.

February 5,
2015

Deadline to Complete Mediation

January 29,
2015

Comply with P.R. 3-7 (Opinion of Counsel Defenses)

January 26,
2015

*Deadline to File Letter Briefs Regarding Dispositive Motions

January 23,
2015

Deadline to Complete Fact Discovery

January 15,
2015

Deadline to File Motions to Compel Discovery

The parties are responsible for ensuring that a mediation report is filed no
later than 5 days after the conclusion of mediation. See L.R. App. H.

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Case 2:13-cv-00894-JRG Document 91 Filed 04/29/14 Page 3 of 5 PageID #: 2032

January 8, 2015

*Claim Construction Hearing – 9:00 a.m. in Marshall, Texas before Judge
Rodney Gilstrap

December 23,
2014

*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)

December 18,
2014

*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)

December 11,
2014

Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)

December 4,
2014

Deadline to Exchange Privilege Logs

November 26,
2014

Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and Submit
Technical Tutorials (if any)

November 26,
2014

Deadline to Substantially Complete Document Production

November 13,
2014

Comply with P.R. 4-4 (Deadline to Complete Claim Construction Discovery)

November 6,
2014

File Response to Amended Pleadings

October 23,
2014

*File Amended Pleadings

October 16,
2014

Comply with P.R. 4-3 (Joint Claim Construction Statement)

September 25,
2014

Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)

September 4,
2014

Comply with P.R. 4-1 (Exchange Proposed Claim Terms)

May 29, 2014

Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)

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

It is not necessary to seek leave of Court to amend pleadings prior to this
deadline unless the amendment seeks to assert additional patents.

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Case 2:13-cv-00894-JRG Document 91 Filed 04/29/14 Page 4 of 5 PageID #: 2033

April 28, 2014

*File Proposed Protective Order and Comply with Paragraphs 1 & 3 of the
Discovery Order (Initial and Additional Disclosures)

April 25, 2014

*File Proposed Docket Control Order, Proposed Discovery Order, and Notice
of Mediator
The Proposed Docket Control Order and the Proposed Discovery Order shall
be filed as separate motions with the caption indicating whether or not the
proposed order is opposed in any part.

April 14, 2014

Join Additional Parties

March 24, 2014

Comply with P.R. 3-1 & 3-2 (Infringement Contentions)

(*) 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 REQUIREMENTS
Notice 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: 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 the deadline for filing letter briefs. 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. Letter briefs shall be filed without exhibits.
Any requests to submit letter briefs after the deadlines outlined above must show good cause.
Indefiniteness: In lieu of early motions for summary judgment, 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:
(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;

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Case 2:13-cv-00894-JRG Document 91 Filed 04/29/14 Page 5 of 5 PageID #: 2034

.

(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.

Amendments to the Docket Control Order (“DCO”): Any motion to alter any date on
the DCO shall take the form of 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.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 28th day of April, 2014.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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