Lodsys, LLC v. Combay, Inc. et al

Filing 129

ORDER - Status Conference set for 8/29/2012 10:15 AM before Judge Rodney Gilstrap and the Honorable Roy Payne. Signed by Judge Rodney Gilstrap on 7/17/2012. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
LODSYS, LLC
v.
COMBAY, INC., ET AL.

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Case No. 2:11-CV-272-JRG

ORDER
This case is set for a status conference in Marshall, Texas on August 29, 2012 at 10:15
a.m. before the Honorable Rodney Gilstrap and the Honorable Roy Payne. The purpose of the
conference will be to assign a claim construction hearing date and a trial setting. The parties
shall be prepared to inform the Court whether they will consent to trial before the Magistrate
Judge.
The parties shall prepare and submit a proposed docket control order and a proposed
discovery order to the Court no later than 2 weeks after the scheduling conference. These orders
shall be guided by the sample docket control and discovery orders for patent cases, which can be
found on the Court’s website. The sample orders include provisions that require input from the
parties. If the parties are unable to reach agreement on these provisions, then the parties shall
submit to the Court their competing proposals along with a summary of their disagreements in a
single joint submission.
The sample orders include provisions that are mandatory and are not subject to change
without showing good cause. Good cause shall not be considered to be met simply by an
indication of the parties’ agreement. Should either party believe good cause can be shown to
alter an otherwise mandatory provision, then such party shall file a separate motion to alter the

provision after the parties have filed the proposed docket control and discovery orders with the
mandatory provisions intact as previously required above.

Furthermore, it is hereby ORDERED that the following schedule of deadlines is in effect
until further order of this Court:
6 Weeks After
Status Conference

Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)

4 Weeks After
Status Conference

Join Additional Parties

3 Weeks After
. Status Conference

File Proposed Protective Order

2 Weeks After
Status Conference

File Proposed Docket Control Order and Proposed Discovery Order

2 Weeks After
Status Conference

File Notice of Mediator

2 Weeks Before
Status Conference

Comply with P.R. 3-1 & 3-2 (Infringement Contentions)

IT IS SO ORDERED.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 17th day of July, 2012.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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