Minerva Industries, Inc. v. Motorola, Inc. et al

Filing 226

DOCKET CONTROL ORDER - Amended Pleadings due by 12/15/2008. Discovery due by 4/23/2010. Joinder of Parties due by 12/15/2008. Markman Hearing set for 1/6/2010 09:00 AM before Magistrate Judge Charles Everingham. Motions due by 5/6/2010. Pretrial Order due by 5/25/2010. Jury Selection set for 6/7/2010 09:00AM before Magistrate Judge Charles Everingham. Pretrial Conference set for 5/27/2010 09:30 AM before Magistrate Judge Charles Everingham.. Signed by Magistrate Judge Charles Everingham on 5/30/08. (ehs, ) Modified on 6/5/2008 to correct date of markman hearing - hearing reset (ehs, ).

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Minerva Industries, Inc. v. Motorola, Inc. et al Doc. 226 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION MINERVA INDUSTRIES, INC. v. Plaintiff, § § § § Case No. 2:07-cv-229 (CE) § § § § JURY § MOTOROLA, INC., et al Defendants. DOCKET CONTROL ORDER In accordance with the case status conference held herein on the 1st day of May, 2008, it is hereby ORDERED that the following schedule of deadlines is in effect until further order of this court: June 7, 2010 May 27, 2010 May 25, 2010 May 6, 2010 Jury Selection - 9:00 a.m. in Marshall, Texas Pretrial Conference 9:30 a.m. in Marshall, Texas Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict Motions in Limine Due The parties are ordered to meet and confer on their respective motions in limine and advise the court of any agreements in this regard by 3:00 p.m. the business day 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). 1 Dockets.Justia.com May 21, 2010 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. Response 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 CV56. Deadline for filing Dispositive Motions and any other motions that may require a hearing (including Daubert motions) Mediation to be completed Defendant to Identify Trial Witnesses Plaintiff to Identify Trial Witnesses Discovery Deadline 30 Days after claim construction ruling Designate Rebuttal Expert Witnesses other than claims construction Expert witness report due Refer to Discovery Order for required information. 15 Days after claim construction ruling Comply with P.R. 3-8. _________________ _________________ April 30, 2010 May 24, 2010 May 17, 2010 April 23, 2010 _________________ _________________ _________________ 1 The parties are directed to Local Rule CV-7(d), which provides in part that "In 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. 2 _________________ 15 Days after claim construction ruling Party with the burden of proof to designate Expert Witnesses other than claims construction Expert witness report due Refer to Discovery Order for required information. Claim construction hearing 9:00 a.m., Marshall, Texas. Comply with P.R. 4-5(c). Comply with P.R. 4-5(b). Comply with P.R. 4-5(a). Discovery deadline­claims construction issues Respond to Amended Pleadings 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 the amended pleadings date set forth herein.) Comply with P.R. 4-3. Comply with P.R. 4-2. Comply with P.R. 4-1. 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). Join Additional Parties Comply with P.R. 3-3 and 3-4 Rule 26 Disclosures Comply with P.R. 3-1 and 3-2 January 6, 2010 October 15, 2009 September 24, 2009 August 6, 2009 July 1, 2009 January 15, 2009 December 15, 2008 May 15, 2009 March 6, 2009 February 2, 2009 January 26, 2009 December 15, 2008 November 3, 2008 September 15, 2008 July 28, 2008 3 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. 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). The following excuses will not warrant a continuance nor justify a failure to comply with the discovery deadline: (a) (b) The fact that there are motions for summary judgment or motions to dismiss pending; 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; 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. 2. 3. (c) SIGNED this 30th day of May, 2008. ___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE 4

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