Northeastern University et al v. Google, Inc.,

Filing 47

MOTION to Compel 30(b)(6) DEPOSITION TESTIMONY FROM JARG CORPORATION AND NORTHEASTERN UNIVERSITY by Google, Inc.,. (Attachments: # 1 Exhibit A - Boston Globe article, # 2 Exhibit B - Reuters article, # 3 Exhibit C - Amended Notice of Deposition to Jarg, # 4 Exhibit D - Amended Notice of Deposition to NU, # 5 Exhibit E - Jarg Objs to Google 30b6 Not, # 6 Exhibit F - NU Objs to Google 30b6 Not, # 7 Exhibit G - NU and Jarg Initial Disclosures, # 8 Exhibit H - Order Denying MyMail Mot for PO and Granting AOL Mot to Compel, # 9 Exhibit I - Amended Docket Control Order, # 10 Exhibit J - Jarg Notice of Disclosures, # 11 Exhibit K - D195 Order Re Mass Eng v Ergotron, # 12 Exhibit L - Pirri Depo Transcript, # 13 Exhibit M - Belanger Depo Transcript, # 14 Text of Proposed Order Order Granting Motion to Compel)(Wolff, Jason)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MYMAIL, LTD Plaintiff vs. AMERICA ONLINE, INC., AT&T CORP., NETZERO, INC., JUNO ONLINE SERVICES, INC., NETBRANDS, INC., EARTHLINK, INC., PRODIGY COMMUNICATIONS CORPORATION, and SOUTHWESTERN BELL INTERNET SERVICES INC. Defendants § § § § § § § § § § § § § §

CASE NO. 6:04-CV-189

AMENDED DOCKET CONTROL ORDER Before the Court is Prodigy Communications Corporation's and Southwestern Bell Internet Services Inc.'s (SWBI) Unopposed Motion for Entry of Discovery-Schedule Order (Docket No. 149). The Court GRANTS the Motion and amends the current Docket Control Order as follows: Docket Control Order The Court hereby enters the following Docket Control Order in the above-captioned case: October 4, 2005 9:00 a.m. Jury selection with trial to follow as reached at the United States District Court, 211 West Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis, Tyler, Texas. Pretrial Conference - 9:00 a.m. at the United States District Court, 211 West Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis, Tyler, Texas. Motions in Limine due. The parties are directed to confer and advise the Court on or before 3:00 o'clock p.m. the day before the pre-trial conference which paragraphs are agreed to and those that need to be addressed at the pre-trial conference.

September 23, 2005

September 21, 2005

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September 20, 2005 September 6, 2005

Pretrial Objections due Video Deposition Designation due. Each party who proposes to offer a deposition by video shall file a disclosure identifying the line and page numbers to be offered. All other parties will have ten days to file a response requesting cross examination line and page numbers to be included. Any objections to testimony must be filed ten days prior to the Pretrial Conference. The party who filed the initial Video Deposition Designation is responsible for preparation of a final edited video in accordance with all parties designations and the court's rulings on objections. Pretrial Disclosures due. Joint Pretrial Order, Joint Proposed Jury Instructions, and Form of the Verdict for jury trials. Proposed Findings of Fact and Conclusions of Law for bench trials. Response to Dispositive Motions (including Daubert motions) 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. Parties to Identify Rebuttal Trial Witnesses; Dispositive Motions due from all parties and any other motions that may require a hearing (including Daubert motions); Answer to Amended Pleadings (after Markman Hearing) due. Parties to Identify Trial Witnesses; Amend Pleadings (after Markman Hearing). (It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings. It is necessary to file a Motion for Leave to Amend after the deadline.) Discovery Deadline Parties May Designate Rebuttal Expert Witnesses (non-construction issues); Rebuttal Expert witness reports due; Refer to Local Rules for required information. All Parties Designate Expert Witnesses (non-construction issues); Expert witness reports due; Refer to Local Rules for required information. All Parties Comply with P.R. 3-8 Markman Hearing- 9:00 a.m. at the United States District Court, 211 West Ferguson, 3rd Floor, Courtroom of Judge Leonard 2

August 16, 2005

August 2, 2005

July 26, 2005

July 19, 2005 July 5, 2005

June 14, 2005

April 28, 2005 April 6, 2005

Davis, Tyler, Texas. March 21, 2005 March 14, 2005 March 7, 2005 March 1, 2005 February 18, 2005 February 8, 2005 January 28, 2005 January 14, 2005 January 10, 2005 All Parties Comply with P.R. 4-5(c) All Parties Comply with P.R. 4-5(b). Submit tutorials for Court's review All Parties Comply with P.R. 4-5(a) Discovery Deadline - Claims Construction Issues All Parties Comply with P.R. 4-3 All Parties Comply with P.R. 4-2 All Parties Comply with P.R. 4-1 Prodigy and SWBI to comply with P.R. 3-3 and P.R. 3-4. Privilege Logs to be exchanged by MyMail, Prodigy, and SWBI (or a letter to the Court stating that there are no disputes as to claims of privileged documents). Respond to Amended Pleadings Parties to submit name, address and telephone number of three technical advisors for the Court Prodigy and SWBI to submit Initial and Additional Disclosures provided for in the Court's Discovery Order and to submit Initial Disclosure provided for in Rule 26(a) of the Federal Rules of Civil Procedure. Amend Pleadings. It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings. It is necessary to file a Motion for Leave to Amend after the deadline. However, if the amendment would affect preliminary infringement contentions or preliminary invalidity contentions, a motion must be made pursuant to P. R. 3-7 irrespective of whether the amendment is made prior to this deadline. GTE.Net LLC is to Comply with P.R. 3-3 and 3-4. Privilege Logs to be exchanged by MyMail and GTE.Net LLC (or a letter to the Court stating that there are no disputes as to claims of privileged documents). Join Additional Parties; Privilege Logs to be exchanged by Parties (or a letter to the Court stating that there are no disputes as to claims of 3

January 3, 2005 December 31, 2004 December 23, 2004

December 20, 2004

December 1, 2004

November 17, 2004

November 15, 2004

October 25, 2004 September 16, 2004 September 6, 2004

privileged documents). (Note: The Privilege Logs between MyMail and GTE.Net LLC are due December 1, 2004.) GTE.Net LLC and MyMail to submit Initial Disclosures provided for in the Court's Discovery Order and to submit Initial Disclosure provided for in Rule 26(a) of the Federal Rules of Civil Procedure. GTE.Net LLC and MyMail to submit Additional Disclosures pursuant Paragraph 2 (b) of the Court's Discovery Order. MyMail to Comply with P.R. 3-1 and 3-2 as to GTE.Net LLC. Comply with P.R. 3-3 Parties to submit Additional Disclosures pursuant Paragraph 2 (b) of the Court's Discovery Order. Parties to submit initial Disclosures provided for in the Court's Discovery order; Parties to submit Initial Disclosure provided for in Rule 26(a) of the Federal Rules of Civil Procedure. Comply with P.R. 3-1 Judge Robert M. Parker is appointed as mediator in this cause. The first round of mediation shall be completed between January 1 and January 31, 2005. The second round of mediation shall be take place between May 1 and June 15, 2005. The mediator has authority to convene mediation as often as necessary. The mediator shall be deemed to have agreed to the terms of Court Ordered Mediation Plan of the United States District Court of the Eastern District of Texas by going forth with the mediation in accordance with this order. General Order 99-2. EXPECTED LENGTH OF TRIAL

August 23, 2004

August 2, 2004 Mediation

10 Days

So ORDERED and SIGNED this 8 day of December, 2004.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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