GeoTag Inc v. Starbucks Corp et al

Filing 606

DOCKET CONTROL ORDER. Signed by Magistrate Judge Roy S. Payne on 9/27/2013. (rsp2)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
GEOTAG, INC.
v.
STARBUCKS CORP., ET AL.

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Case No. 2:10-CV-572-MHS-RSP

DOCKET CONTROL ORDER
It is hereby ORDERED that the following schedule of deadlines is in effect until further
order of this Court:
April 1, 2014

*Pretrial Conference – 9:00 a.m/p.m. in Marshall, Texas

March 11, 2014

*Notify Court of Agreements Reached During Meet and Confer
The parties are ordered to meet and confer on any outstanding
objections or motions in limine. The parties shall advise the Court of
any agreements reached no later than 1:00 p.m. three (3) business
days before the pretrial conference.

March 11, 2014

*File Joint Pretrial Order, Joint Proposed Jury Instructions, Joint
Proposed Verdict Form, and Responses to Motions in Limine

March 4, 2014

*File Notice of Request for Daily Transcript or Real Time Reporting.
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, Shelly Holmes,
at [e-mail].

February 24, 2014

File Motions in Limine
The parties shall limit their motions in limine to issues that if
improperly introduced at trial would be so prejudicial that the Court
could not alleviate the prejudice by giving appropriate instructions to
the jury.

February 24, 2014

Serve Objections to Rebuttal Pretrial Disclosures

February 17, 2014

Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
Disclosures

February 4, 2014

Serve Pretrial Disclosures (Witness List, Deposition Designations,
and Exhibit List) by the Party with the Burden of Proof

January 6, 2014

*File Dispositive Motions or Motions to Strike Expert Testimony
(including Daubert Motions)
No dispositive motion or motion to strike expert testimony
(including a Daubert motion) may be filed after this date without
leave of the Court.

January 7, 2014

Deadline to Complete Expert Discovery

December 16, 2013

Serve Disclosures for Rebuttal Expert Witnesses

November 22, 2013

Deadline to Complete Fact Discovery and File Motions to Compel
Discovery

November 22, 2013

Serve Disclosures for Expert Witnesses by the Party with the Burden
of Proof

November 11, 2013

*Deadline to File Letter Briefs Regarding Dispositive Motions

October 14, 2013

Comply with P.R. 3-7 (Opinion of Counsel Defenses)

(*) indicates a deadline that cannot be changed without showing good cause. Good cause is not
shown merely by indicating that the parties agree that the deadline should be changed.
ADDITIONAL REQUIREMENTS
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 the deadline for filing letter briefs. 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. Letter briefs shall be filed without exhibits.
Any requests to submit letter briefs after the deadlines outlined above must show good cause.
Indefiniteness: In lieu of early motions for summary judgment, the parties are directed
to include any arguments related to the issue of indefiniteness in their Markman briefing, subject
to the local rules’ normal page limits.
Motions for Continuance: 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;

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(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;

(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. of January, 2012.
SIGNED this 3rd day
SIGNED this 26th day of September, 2013.

____________________________________
ROY S. PAYNE
UNITED STATES MAGISTRATE JUDGE

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