Northeastern University et al v. Google, Inc.,

Filing 31

Joint MOTION to Adopt Proposed Docket Control Order and Proposed Discovery Order by Google, Inc.,. (Attachments: # 1 Exhibit A - Proposed Docket Control Order, # 2 Exhibit B - Proposed Discovery Order)(Wolff, Jason)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NORTHEASTERN UNIVERSITY and JARG CORPORATION Plaintiffs, v. GOOGLE, INC. Defendant. § § § § § § § § § §

CASE NO. 2:07-CV-486 DEMAND FOR JURY TRIAL

DOCKET CONTROL ORDER In accordance with the case status conference held herein on the 29th day of July, 2008, it is hereby ORDERED that the following schedule of deadlines is in effect until further order of this court: April 4, 2011 March 29, 2011 March 25, 2011 Jury Selection - 9:00 a.m. in Marshall, Texas Pretrial Conference ­ 9:00 a.m. in Marshall, Texas Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict. Responses to Motions in Limine Due Responses to motions in limine filed prior to the motions in limine deadline shall be filed within 3 weeks after the motion in limine is filed. 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.

March 21, 2011

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). February 25, 2011 March 7, 2011 Motions in Limine Due Notice of Request for daily Transcript or Real Time Reporting of Court Proceedings. If a daily trancript 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 filed within 3 weeks after the dispositive motion is filed. Motions for Summary Judgment shall comply with Local Rule CV-56. Deadline for filing Dispositive Motions and any other motions that may require a hearing (including Daubert motions) Mediation to be completed Parties to identify trial witnesses, exchange deposition designations, and exchange exhibit lists under Fed. R. Civ. P. 26(3)(A) Discovery Deadline

March 29, 2011

March 7, 2011

March 7, 2011 February 18, 2011

February 4, 2011
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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."

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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. 3-7. 15 Days after claim construction ruling Party with the burden of proof to designate Expert Witnesses other than claim construction Expert witness report due Refer to Discovery Order for required information. Claim construction hearing at 9:00 a.m., Marshall, Texas. 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.) Update of 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. 4-5(c).

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October 6, 2010 July 9, 2010 June 25, 2010

May 7, 2010

November 6, 2009 October 26, 2009

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October 2, 2009 September 4, 2009 August 14, 2009 July 10, 2009 June 12, 2009 May 22, 2009 May 8, 2009

Comply with P.R. 4-5(b). Comply with P.R. 4-5(a). Discovery deadline-claims construction issues. 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). Comply with P.R. 3-3 and P.R. 3-4. OTHER LIMITATIONS

November 7, 2008

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) The fact that there are motions for summary judgment or motions to dismiss pending; 4

2.

3.

(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.

(c)

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