Rockstar Consortium US LP et al v. Google Inc

Filing 65

Joint MOTION Joint Motion for Entry of Docket Control Order and Discovery Order and Notice of Compliance with Court Order by Google Inc, NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Exhibit A [Proposed] Docket Control Order, # 2 Exhibit B [Proposed] Discovery Order)(Lahad, John)

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ROCKSTAR CONSORTIUM US LP AND
NETSTAR TECHNOLOGIES LLC
Case No. 2:13-cv-00893-JRG-RSP
Plaintiffs,
JURY TRIAL DEMANDED

v.
GOOGLE INC.
Defendant.

[PROPOSED] DOCKET CONTROL ORDER
It is hereby ORDERED that the following schedule of deadlines is in effect until further
order of this Court:
June 8, 2015

*Jury Selection – 9:00 a.m. in Marshall, Texas

April 27, 2015

*Pretrial Conference – _______ a.m/p.m. in Marshall, Texas before
[Judge Rodney Gilstrap / Judge Roy Payne]

April 22, 2015

*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.

April 20, 2015

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

April 13, 2015

*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].

01980.51575/5896345.2

April 6, 2015

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.

April 6, 2015

Serve Objections to Rebuttal Pretrial Disclosures

March 30, 2015

Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
Disclosures

March 16, 2015

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

March 13, 2015

*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.

March 9, 2015

Deadline to Complete Expert Discovery

February 16, 2015

Serve Disclosures for Rebuttal Expert Witnesses

January 19, 2015

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

January 12, 2015

Deadline to File Motions to Compel Discovery

January 7, 2015

Deadline to Complete Fact Discovery

December 22, 2014

*Deadline to File Letter Briefs Regarding Dispositive Motions

November 25, 2014

Deadline to Complete Mediation
The parties are responsible for ensuring that a mediation report is
filed no later than 5 days after the conclusion of mediation. See L.R.
App. H.

November 18, 2014

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

October 28, 2014

*Claim Construction Hearing – 9:00 a.m. in Marshall, Texas before
Judge Roy Payne.

October 14, 2014

*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)

01980.51575/5896345.2

-2-

October 7, 2014

*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)

September 30, 2014

Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)

September 26, 2014

Deadline to Exchange Privilege Logs

September 16, 2014

Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and
Submit Technical Tutorials (if any)

September 16, 2014

Deadline to Substantially Complete Document Production
Counsel are expected to make good faith efforts to produce all
required documents as soon as they are available and not wait until
the substantial completion deadline.

September 2, 2014

Comply with P.R. 4-4 (Deadline to Complete Claim Construction
Discovery)

August 26, 2014

File Response to Amended Pleadings

August 12, 2014

*File Amended Pleadings
It is not necessary to seek leave of Court to amend pleadings prior to
this deadline unless the amendment seeks to assert additional patents.

August 5, 2014

Comply with P.R. 4-3 (Joint Claim Construction Statement)

July 15, 2014

Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)

June 24, 2014

Comply with P.R. 4-1 (Exchange Proposed Claim Terms)

May 19, 2014

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

April 28, 2014

*File Proposed Protective Order and Comply with Paragraphs 1 & 3
of the Discovery Order (Initial and Additional Disclosures)

April 21, 2014

*File Proposed Docket Control Order, Proposed Discovery Order,
and Notice of Mediator
The Proposed Docket Control Order and the Proposed Discovery
Order shall be filed as separate motions with the caption indicating
whether or not the proposed order is opposed in any part.

April 14, 2014

Join Additional Parties

March 24, 2014

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

01980.51575/5896345.2

-3-

(*) 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
Notice of Mediator: The parties are to jointly file a notice that identifies the agreed upon
mediator or indicates that no agreement was reached. If the parties do not reach an agreement,
the Court will appoint a mediator. The parties should not file a list of mediators to be considered
by the Court.
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;

(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.

Amendments to the Docket Control Order (“DCO”): Any motion to alter any date on
the DCO shall take the form of motion to amend the DCO. The motion to amend the DCO shall
include a proposed order that lists all of the remaining dates in one column (as above) and the
proposed changes to each date in an additional adjacent column (if there is no change for a date
the proposed date column should remain blank or indicate that it is unchanged). In other words,
the DCO in the proposed order should be complete such that one can clearly see all the
remaining deadlines and the changes, if any, to those deadlines, rather than needing to also refer
to an earlier version of the DCO.
IT IS SO ORDERED.

01980.51575/5896345.2

-4-