Vertical Computer Systems, Inc. v. Interwoven, Inc. et al

Filing 68

DOCKET CONTROL ORDER, ( Amended Pleadings due by 2/1/2013., Discovery due by 1/31/2014., Joinder of Parties due by 9/18/2012., Markman Hearing set for 9/4/2013 09:00 AM in Ctrm 106 (Marshall) before Judge David Folsom., Motions due by 4/16/2014., Pretrial Order due by 4/23/2014., Jury Selection set for 5/7/2014 09:00 AM in Mag Ctrm (Marshall) before Judge David Folsom., Pretrial Conference set for 5/6/2011 09:00 AM in Ctrm 106 (Marshall) before Judge David Folsom.), Motions terminated: 66 Joint MOTION for Entry of Discovery Order and Docket Control Order filed by Vertical Computer Systems Inc.. Signed by Judge David Folsom on 11/3/11. (ehs, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION VERTICAL COMPUTER SYSTEMS, INC., Plaintiff, v. LG ELECTRONICS MOBILECOMM U.S.A., INC., LG ELECTRONICS INC., SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., Defendants. § § § § Civil Action No. 2:10-cv-490 § § Hon. David Folsom § § JURY TRIAL DEMANDED § § § § § DOCKET CONTROL ORDER In accordance with the Order (Dkt. 55) dated September 16, 2011, it is therefore ORDERED that the following schedule of deadlines is in effect until further order of this court: May 7, 2014 Jury Selection - 9:00 a.m. in Marshall, Texas May 6, 2014 Pretrial Conference – 9:00 a.m. in Marshall, Texas April 23, 2014 Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict. April 16, 2014 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 (3) 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 1 trial, the party or parties making said request shall file a notice with the Court and e-mail the Court Reporter, Susan Simmons, at March 12, 2014 Defendant to Identify Trial Witnesses Plaintiff to Identify Trial Witnesses February 26, 2014 Mediation to be completed February 19, 2014 Deadline for filing Dispositive Motions and any other motions that may require a hearing (including Daubert motions) January 31, 2014 Discovery Deadline 60 Days after claim construction ruling Designate Rebuttal Expert Witnesses other than claims Construction Expert witness report due Refer to Discovery Order for required information. 30 Days after claim construction ruling Comply with P.R. 3-7 30 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. September 4, 2013 Claim construction hearing 9:00 a.m., Marshall, Texas. August 6, 2013 Comply with P.R. 4-5(d) July 19, 2013 Comply with P.R. 4-5(c). June 28, 2013 Comply with P.R. 4-5(b). June 7, 2013 Comply with P.R. 4-5(a). June 3, 2013 Discovery deadline—claim construction issues May 24, 2013 Comply with P.R. 4-3. 2 April 26, 2013 Comply with P.R. 4-2. March 29, 2013 Comply with P.R. 4-1. March 1, 2013 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). February 15, 2013 Respond to Amended Pleadings February 1, 2013 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.) December 18, 2012 Patentee shall limit the number of asserted claims to no more than ten (10) and notify the accused infringer and Court September 28, 2012 Join Additional Parties February 15, 2012 Defendants to comply with P.R. 3-3 and 3-4 November 14, 2011 Plaintiff to comply with P.R. 3-1 and 3-2 December 16, 2011 Initial Disclosures due per Discovery Order. 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. 2. 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). 3. The following excuses will not warrant a continuance nor justify a failure to comply with the discovery deadline: 3 (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; (c) 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. IT IS SO ORDERED. SIGNED this 3rd day of November, 2011. ____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?