Golden Hour Data Systems, Inc. v. emsCharts, Inc.

Filing 11

ORDER - Scheduling Conference set for 9/2/2014 01:30 PM in Ctrm 106 (Marshall) before the Honorable Rodney Gilstrap and the Honorable Roy Payne. Signed by Judge Rodney Gilstrap on 08/07/2014. (nkl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
GOLDEN HOUR DATA SYSTEMS, INC.
v.
EMSCHARTS, INC.

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Case No. 2:14-CV-288-JRG

ORDER
This case is set for a scheduling conference in Marshall, Texas on September 2, 2014 at
1:30 p.m. before the Honorable Rodney Gilstrap and the Honorable Roy Payne. The purpose of
the scheduling 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, a proposed
discovery order and a proposed protective order to the Court no later than two weeks after the
scheduling conference.1

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

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Timely submission of the parties’ proposed docket control order, proposed discovery
order and proposed protective order will be viewed by the Court as complying with the
conference requirement of Rule 26(f).

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
Scheduling Conference

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

3 Weeks After
Scheduling Conference

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

2 Weeks After
Scheduling Conference

*File Proposed Docket Control Order, Proposed Discovery Order
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.

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1 Week After
Scheduling Conference

Join Additional Parties

3 Days After
Scheduling Conference

*File Notice of Mediator

2 Weeks Before
Scheduling Conference

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

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 7th day of August, 2014.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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