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, )
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.
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§
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§ Civil Action No. 2:10-cv-490
§
§ Hon. David Folsom
§
§ JURY TRIAL DEMANDED
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§
§
§
§
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 lssimmons@yahoo.com
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.
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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:
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(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
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