Function Media, L.L.C. v. Google, Inc. et al

Filing 45

DOCKET CONTROL ORDER - Amended Pleadings due by 4/20/2009.,Discovery due by 9/18/2009.,Joinder of Parties due by 9/30/2008., Claims Construction Hearing set for 8/12/2009 09:00 AM before Magistrate Judge Charles Everingham.,Motions due by 10/2/2009.,Proposed Pretrial Order due by 10/22/2009., Jury Selection set for 11/2/2009 09:00AM before Magistrate Judge Charles Everingham., Pretrial Conference set for 10/27/2009 09:30 AM before Magistrate Judge Charles Everingham. Mediation deadline is 10/2/09. All other deadlines are set forth herein. Signed by Judge Charles Everingham on 1/24/08. (ch, )

Function Media, L.L.C. v. Google, Inc. et al

Doc. 45

Case 2:07-cv-00279-CE

Document 45

Filed 01/24/2008

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FUNCTION MEDIA, L.L.C., v. JURY TRIAL DEMANDED GOOGLE, INC. AND YAHOO!, INC. DOCKET CONTROL ORDER In accordance with the case status conference held herein on the 8th day of January, 2008, it is hereby ORDERED that the following schedule of deadlines is in effect until further order of this court: November 2, 2009 October 27, 2009 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. Civil Case No. 2:07-cv-279 (CE)

October 22, 2009, or 10 days before jury selection, whichever is later October 24, 2009

Responses to 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).

October 2, 2009

Motions in Limine Due

Dockets.Justia.com

Case 2:07-cv-00279-CE

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October 2, 2009

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 [e-mail]. 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

October 24, 2009

October 2, 2009

October 2, 2009 October 2, 2009 September 18, 2009 September 18, 2009

The parties are directed to Local Rule CV-7(d), which provides in part that "[i]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.

1

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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.

August 12, 2009

Claim construction hearing 9:00 a.m., Marshall, Texas

July 31, 2009

Comply with P.R. 4-5(d)

July 29, 2009

Technical Tutorials on DVD to Court

May 13, 2009

Comply with P.R. 4-5(c).

April 30, 2009

Comply with P.R. 4-5(b).

April 9, 2009

Comply with P.R. 4-5(a).

March 27, 2009

Discovery deadline ­ claims construction issues

May 6, 2009 April 20, 2009

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.) Parties to exchange declarations from experts, if any, regarding claim construction issues Comply with P.R. 4-3.

February 20, 2009

January 30, 2009

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December 19, 2008

Comply with P.R. 4-2.

October 1, 2008 August 29, 2008 June 30, 2008 September 30, 2008

Comply with P.R. 4-1. Letter to the Court stating that there are no disputes as to claims of privileged documents (if there are no such disputes) Privilege Logs to be exchanged by parties. Join Additional Parties

1.

OTHER LIMITATIONS 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) 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; 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)

Case 2:07-cv-00279-CE

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SIGNED this 24th day of January, 2008.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE