Motorola Mobility, Inc. v. Apple, Inc.

Filing 351

AMENDED SCHEDULING ORDER; ORDER Consolidating Cases; Order granting 64 Unopposed Motion for Leave to File Amended Complaint Re: 347 Joint Status Report Regarding Amended Procedural Schedule. Signed by Judge Robert N. Scola, Jr on 5/14/2012. (Amended Scheduling Order Deadlines and Hearings set on case number 12-cv-20271-RNS only, per Chambers' instructions). (ar2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
MOTOROLA MOBILITY, INC.,
Plaintiff,
v.
Consolidated Cases
APPLE INC.,

Case No. 1:10-cv-23580-RNS
Defendant.

Case No. 1:12-cv-20271-RNS

APPLE INC.,
Counterclaim Plaintiff,
v.
MOTOROLA, INC.,
MOTOROLA MOBILITY, INC.,
HTC CORPORATION,
HTC AMERICA, INC.,
ONE & COMPANY DESIGN, INC.,
HTC AMERICA INNOVATION, INC.,
Counterclaim Defendants.
AMENDED SCHEDULING ORDER; ORDER CONSOLIDATING CASES;
ORDER GRANTING MOTOROLA’S MOTION TO FILE AMENDED COMPLAINT
THIS MATTER is before the Court on the Joint Status Report Regarding Amended
Procedural Schedule [ECF No. 347] and Motorola Mobility’s Motion for Leave to File Fist
Amended Complaint [ECF No. 64] in the 2012 case.
Despite the Court’s repeated statement that it will adopt whatever reasonable schedule the
parties jointly propose, the parties have shown a complete inability to agree upon anything and it
is frustrating the progress of these cases. Accordingly, the Court will adopt its own Amended
Schedule, which draws on the latest deadlines for the relevant events in each of the competing
proposals the parties have circulated. For efficiency purposes, the Court has also decided to
consolidate in whole the 2010 and 2012 cases. The Court can separately deal with whether to
sever out and transfer the claims against the HTC parties, upon proper motion. Finally, the
Court will allow Motorola Mobility to file its Amended Complaint as to the 2012 allegations.

Accordingly, it is hereby ORDERED and ADJUDGED as follows:
A.

The 2010 and 2012 cases are CONSOLIDATED.

All filings going forward in

these cases shall be made under the 2012 Case Number.
B.

Motorola Mobility’s Motion for Leave to File First Amended Complaint as to the

2012 claims is GRANTED.

Motorola Mobility shall separately file the First Amended

Complaint on the docket, per the Local Rules, by May 16, 2012.
C.

The parties shall comply with the following Amended Schedule. Given the

length of the case under the new schedule, the parties shall submit two Joint Interim Status
Reports and shall participate in two Mediations in accordance with the deadlines below.
Case Event

Deadline

Infringement Contentions

Sept. 7, 2012

Invalidity Contentions

Oct. 5, 2012

First Joint Interim Status Report

Mar. 1, 2013

Markman Hearing (2012 claims)

Apr. 26, 2013

First Mediation Deadline

May 31, 2013

Fact Discovery Deadline

July 5, 2013

Opening Expert Reports Deadline

Aug. 16, 2013

Rebuttal Expert Reports Deadline

Sept. 6, 2013

Expert discovery Deadline

Oct. 4, 2013

Dispositive Motions Deadline

Nov. 1, 2013

Second Joint Interim Status Report

Nov. 8, 2013

Second Mediation Deadline

Nov. 15, 2013

Pretrial Motions (Motions in Limine / Daubert) Deadline

Jan. 31, 2014

Pretrial Stipulation and Proposed Jury Instructions Deadline

Mar. 24, 2014

Calendar Call

Apr. 15, 2014

Trial Period

Apr. 21, 2014

D.

The parties shall comply with the following procedures and instructions:

1. Interim Joint Status Report.

The parties are required to submit an interim joint status

report addressing the following issues:
a) Have all defendants been served?

If not, state the reasons.

b) Have all defendants responded to the complaint?

If not, state the reasons.

c) If this is a class action, has a motion for class certification been filed?
status?
d) Have the parties agreed on and selected a mediator?
place, date, and time for mediation?

If so, what is its

Have the parties agreed upon a

e) Have the parties engaged in informal settlement negotiations? If not, explain the
reasons for the failure to do so. If yes, state the status of such negotiations (e.g.,
ongoing, impasse, etc.) and the relative prospects for resolution through informal
means.
f) Describe the status of discovery conducted to date, and identify whether the parties
reasonably believe that they will be able to complete discovery by the Court’s deadline.
If not, explain the reasons.
g) Identify any other issues that the Court should be aware of that may affect the
resolution of this matter or the schedule as currently set.
h) For Fort Lauderdale/West Palm division cases, the parties shall indicate whether they
prefer to try the case in Miami or Fort Lauderdale/West Palm.
2. Jury Instructions.

The parties shall submit their proposed jury instructions jointly,

though they need not agree on each proposed instruction. Where the parties do agree on a
proposed instruction, that instruction shall be set out in regular typeface. Instructions proposed
only by a plaintiff shall be underlined. Instructions proposed only by a defendant shall be boldfaced.

Every instruction must be supported by a citation of authority. The parties shall use as

a guide the Eleventh Circuit Pattern Jury Instructions for Civil Cases, including the directions to
counsel, or the applicable state pattern jury instructions. The parties shall jointly file their
proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to
the Court via e-mail at [e-mail] in MS Word format (.doc).
3. Trial Exhibits.

All trial exhibits must be pre-marked.

Plaintiff’s exhibits shall be

marked numerically with the letter “P” as a prefix. Defendant’s exhibits shall be marked
alphabetically with the letter “D” as a prefix.
the time of trial.

A list setting out all exhibits must be submitted at

This list must indicate the pre-marked identification label (e.g., P-1, or D-A)

and must also include a brief description of the exhibit.

4. Deposition Designations.

Any party intending to use deposition testimony as

substantive evidence must designate by line and page reference those portions in writing. The
designations must be served on opposing counsel and filed with the Court fourteen days before
the deadline to file the joint pretrial stipulation.

The adverse party must serve and file any

objections and any cross-designations within seven days. The initial party shall then have
seven days to serve and file objections to the cross-designations.
5. Voir Dire Questions. The Court will require each prospective juror to complete a brief
written questionnaire prior to the commencement of questioning in the courtroom.

Any party

may file, no more than five proposed, case-specific questions to be included in the questionnaire.
The proposed questions must be filed with the Court at the time of the filing of the joint pretrial
stipulation, and shall also be submitted to the Court via e-mail at [e-mail] in MS
Word format (.doc).
6. Settlement Notification.

If this matter is settled, counsel are directed to inform the

Court promptly via telephone [phone]) and/or e-mail ([e-mail]).

DONE AND ORDERED in chambers in Miami, Florida on May 14, 2012.

_____________________________________
ROBERT N. SCOLA, JR.
UNITED STATES DISTRICT JUDGE
Copies to:
Counsel of record