Wireless Recognition Technologies LLC v. A9.com, Inc. et al

Filing 64

DOCKET CONTROL ORDER, ( Amended Pleadings due by 12/2/2011., Discovery due by 5/3/2013., Expert Witness List due by 1/25/2013., Joinder of Parties due by 5/19/2011., Markman Hearing set for 8/22/2012 09:00 AM in Mag Ctrm (Marshall) before Magistrate Judge Charles Everingham., Motions due by 11/1/2013., Proposed Pretrial Order due by 11/1/2013., Jury Selection set for 12/2/2013 09:00AM before Judge T. John Ward., Pretrial Conference set for 11/25/2013 09:00 AM before Judge T. John Ward. Signed by Magistrate Judge Charles Everingham on 3/24/11. (ehs, )

Wireless Recognition Technologies LLC v. A9.com, Inc. et al

Doc. 64

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION WIRELESS RECOGNITION TECHNOLOGIES LLC, Plaintiff, v. A9.COM, INC., AMAZON.COM, INC., GOOGLE, INC., NOKIA, INC. and RICOH INNOVATIONS, INC. Defendants. § § § § § § C.A. No. 2:10-cv-00364-TJW-CE § § § JURY TRIAL DEMANDED § § § § § § DOCKET CONTROL ORDER December 2, 2013 November 25, 2013 November 1, 2013 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 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 1:00 p.m. three business days 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). 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].

November 1, 2013

October 28, 2013

Dockets.Justia.com

August 23, 2013

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 CV-56.

July 26, 2013

Deadline for Filing Dispositive Motions and any other motions that may require a hearing (including Daubert motions) Defendants to Identify Trial Witnesses Plaintiff to Identify Trial Witnesses Discovery Deadline Rebuttal Expert Witness Reports Expert Witness Reports for Parties with Burden of Proof on an Issue Claim Construction Hearing 9:00 am, Marshall, Texas Comply with P.R. 4-5(d) Comply with P.R. 4-5(c) Comply with P.R. 4-5(b) Comply with P.R. 4-5(a) Discovery Deadline ­ Claim Construction Issues Comply with P.R. 4-3 Comply with P.R. 4-2 Comply with P.R. 4-1 Respond to Amended Pleadings

June 28, 2013 May 31, 2013 May 3, 2013 March 1, 2013 January 25, 2013

August 22, 2012 August 10, 2012 August 10, 2012 July 27, 2012 June 29, 2012 May 18, 2012 May 4, 2012 March 23, 2012 February 24, 2012 January 13, 2012
1

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 14 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.

December 2, 2011

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 amended pleadings date set forth herein.) Mediation to be completed If the parties agree that mediation is an option, the Court will appoint a mediator or the parties will mutually agree upon a mediator. If the parties choose the mediator, they are to inform the Court by letter of the name and address of the mediator. The courtroom deputy will immediately mail out a "mediation packet" to the mediator for the case. 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. General Order 99-2. 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 Defendants to comply with P.R. 3-3 and 3-4 Plaintiff to comply with P.R. 3-1 and 3-2 LIMITATIONS ON MOTIONS PRACTICE

June 1, 2012

February 17, 2012

May 19, 2011 September 23, 2011 May 5, 2011

Summary Judgment Motions: Prior to filing any summary judgment motion, the parties must submit letter briefs seeking permission to file the motion. The opening letter brief in each of those matters shall be no longer than five (5) pages and shall be filed with the Court no later than sixty (60) days before the deadline for filing summary judgment motions. Answering letter briefs in each of those matters shall be no longer than five (5) pages and filed with the Court no later than fourteen (14) days thereafter. Reply briefs in each of those matters shall be no longer than three (3) pages and filed with the Court no later than five (5) days thereafter. The Court may decide the question on the submissions or hold a hearing or telephone conference to hear arguments and to determine whether the filing of any motion will be permitted. Motions to Strike Expert Testimony/Daubert Motions: Prior to filing any Motions to Strike or Daubert Motions, the parties must submit letter briefs seeking permission to file the motion. The opening letter brief in each of those matters shall be no longer than three (3) pages and shall be filed with the Court no later than sixty (60) days before the deadline for filing Motions to Strike or Daubert Motions. Answering letter briefs in each of those matters shall be no longer than three (3) pages and filed with the Court no later than fourteen (14) days thereafter.

Reply briefs in each of those matters shall be no longer than two (2) pages and filed with the Court no later than five (5) days thereafter. The Court may hold a hearing or telephone conference to hear arguments and to determine whether the filing of any motion will be permitted. For all of the above mentioned motions, the letter briefs shall be filed without exhibits. Any requests to submit letter briefs after the deadlines outlined above must show good cause.

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 that 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 24th day of March, 2011.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE