AdvanceMe Inc v. RapidPay LLC

Filing 21

SCHEDULING ORDER:Non-Jury Trial Scheduled for 12/7/2006, Final Pretrial Conference set for 11/20/2006 09:00 AM before Judge Leonard Davis. Amended Pleadings due by 10/9/2006. Discovery due by 10/1/2006. Expert Witness List due by 9/26/2006. Identify trial witnesses by 10/9/2006 Proposed Pretrial Order due by 10/19/2006. Signed by Judge Leonard Davis on 2/24/2006. (rvw, )

AdvanceMe Inc v. RapidPay LLC

Doc. 21

Case 6:05-cv-00424-LED

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Filed 02/24/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. VS. RAPDIPAY, LLC § § § § §

Civil Case No. 6:05-CV-424 Patent Case ­ Davis

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

December 7, 2006
Court designated date ­ not flexible without good cause Motion Required

9:00 a.m. NON-JURY TRIAL as reached at the United States District Court, 211 West Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis, Tyler, Texas. EXHIBITS & EXHIBIT LISTS: Each party is requested to provide the Court with an original and two courtesy copies of exhibits and exhibit lists. The Court' s pr efer r ed format for Exhibit Lists is available on the Court' s website at www. txed. uscour ts. gov under " Judges' Orders & Information." If exhibits are voluminous, provide only specific pages that pertain to the issues on the two courtesy copies. The original exhibits that are agreed upon by the parties, should be ready to be tendered to the Clerk of the Court at the beginning of trial. Other exhibits that are admitted during trial should be tendered to the Clerk of the Court immediately after admission. The parties are further requested to have all exhibits labeled with the following infor mation on each label: Designation of Plaintiff' s or Defendant' s Exhibit Number and Case Number. For example:
Plaintiff's Exhibit Exhibit No. ______________ Case No. ________________ Defendant's Exhibit Exhibit No. _______________ Case No. _________________

November 20, 2006
Court designated date ­ not flexible without good cause Motion Required

9:00 a.m. PRETRIAL CONFERENCE at the United States District Court, 211 W. Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis, Tyler, Texas.

November 15, 2006

Motions in Limine due. The parties are directed to confer and advise the Court on or before 3:00 o'clock p.m. the day before the pre-trial conference which paragraphs are agreed to and those that need to be addressed at the pre-trial conference.

Dockets.Justia.com

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November 13, 2006 October 31, 2006 October 26, 2006 October 23, 2006

Pretrial Objections due. Objections to Rebuttal Deposition Testimony due. Rebuttal Designations and Objections to Deposition Testimony due. For rebuttal designations, cross-examination line and page numbers to be included. Pretrial Disclosures due. Video and Stenographic Deposition Designations due. Each party who proposes to offer deposition testimony shall file a disclosure identifying the line and page numbers to be offered. In video depositions, each party is responsible for preparation of the final edited video in accordance with their parties' designations and the Court's rulings on objections. Joint Pretrial Order, Joint Proposed Jury Instructions with citation to authority, and Form of the Verdict for jury trials. Proposed Findings of Fact and Conclusions of Law with citation to authority for bench trials. Response to Dispositive Motions (including Daubert motions). Responses to dispositive motions filed prior to the dispositive motion deadline, including Daubert Motions, shall be due in accordance with Local Rule CV-7(e). 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 trial or hearings, the party or parties making said request shall file a notice w i t h the Court and email the Court Reporter, Shea Sloan, at [e-mail].

October 19, 2006

October 16, 2006

Par ties to Identify Rebuttal Trial Witnesses; Dispositive Motions due from all parties and any other motions that may require a hearing (including Daubert motions); Motions for Summary Judgment shall comply with Local Rule CV56. Parties to Identify Trial Witnesses; Amend Pleadings (after Markman Hearing). It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings. It is necessary to file a Motion for Leave to Amend after the deadline. However , except as provided in Patent Rule 3-6, if the amendment would effect pr eliminar y or final infringement contentions or preliminary or final invalidity contentions, a motion must be made pursuant to Patent Rule 3-7 irrespective of whether the amendment is made prior to this deadline. Discovery Deadline. Par ties May Designate Rebuttal Expert Witnesses (non-construction issues). Rebuttal Exper t witness reports due. Refer to Local Rules for required information. All Parties designate Expert Witnesses (non-construction issues); Expert witness r epor ts due; Refer to Local Rules for required information.

October 9, 2006

October 1, 2006 September 29, 2006 September 26, 2006

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September 22, 2006 September 20, 2006 September 17, 2006 September 12, 2006 August 23, 2006

Comply with P.R.3-8 - Furnishing documents and privilege logs pertaining to willful infr ingement. Markman Hearing at 9:30 a.m. at the United States District Court, 211 West Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis, Tyler, Texas. Pre-Markman Hearing at 3:30 a.m. Hearing to be conducted telephonically. Plaintiff counsel to initiate the call. Par ties shall jointly submit a claim construction chart on computer disk in WordPerfect for mat or in such other format as the Court may direct in accordance with P.R. 4-5(d). Par ties to file a notice with the Court stating the estimated amount of time requested for the Markman Hearing. The Court will notify the parties if it is unable to accommodate this request. Comply with P.R.4-5(c) - Reply brief and supporting evidence due re response to claim construction. The moving party is to provide the Court with 2 binders containing their reply brief and exhibits. If a technical advisor has been appointed the moving party is to provide their brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits to the advisor.

August 9, 2006

Comply with P.R. 4-5(b) - Responsive brief and supporting evidence due to party claiming patent infringement. The moving party is to provide the Court with 2 binders containing their Markman brief and exhibits. If a technical advisor has been appointed the moving party is to provide their Markman brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits to the advisor. Comply with P.R. 4-5(a) - Not later than 45 days after serving and filing the Joint Claim Construction and Prehearing Statement, the party claiming patent infringement shall serve and file an opening brief and any evidence supporting its claim constr uction. The moving party is to provide the Court with 2 binders containing their Mar kman brief and exhibits. If a technical advisor has been appointed the moving par ty is to provide their Markman brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits to the advisor. Deadline for parties, if they desire, to provide Court with tutorials concerning technology involved in patent. If a technical advisor has been appointed, each party that provides a tutorial is requested to provide a copy to the advisor. Discover y Deadline - Claim Construction Issues. Respond to Amended Pleadings. Each party to provide name, address, phone number, and curriculum vitae for up to thr ee (3) agreed technical advisors and information regarding the nominees' availability for Markman hearing. The parties shall indicate the advisors to which they agr ee.

July 25, 2006

July 18, 2006

July 11, 2006 July 3, 2006 June 27, 2006

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June 20, 2006

Amended Pleadings (pre-claim construction) due from all parties. It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings. It is necessar y to file a Motion for Leave to Amend after the deadline. However, if the amendment would effect preliminary infringement contentions or preliminary invalidity contentions, a motion must be made pursuant to Patent Rule 3-7 irrespective of whether the amendment is made prior to this deadline. Comply with P.R. 4-3 - Filing of Joint Claim Construction and Prehearing Statement. Comply with P.R. 4-2 - Exchange of Preliminary Claim Constructions and Extrinsic Evidence. 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). C omply with P.R. 4-1 - Exchange Proposed Terms and Claim Elements for Constr uction. Comply with P.R. 3-3 - Preliminary Invalidity Contentions due. Thereafter, it is necessar y to obtain leave of Court to add and/or amend invalidity contentions, pur suant to Patent Rule 3-7. Add any inequitable conduct allegations to pleadings. It is not necessary to file a motion for leave to add inequitable conduct allegations to pleadings prior to this date. Ther eafter , it is necessary to obtain leave of Court to add inequitable conduct allegations to pleadings.

June 15, 2006 May 15, 2006

April 24, 2006 April 14, 2006

February 28, 2006

Comply with P.R. 3-1 and P.R. 3-2 - Disclosure of Asserted Claims and Preliminary Infr ingement Contentions due. Thereafter, it is necessary to obtain leave of Court to add and/or amend infringement contentions, pursuant to Patent Rule 3-7. Join Additional Parties. It is not necessary to file a motion to join additional parties pr ior to this date. Thereafter, it is necessary to obtain leave of Court to join additional par ties. Add new patents and/or claims for patents-in-suit. . It is not necessary to file a motion to add additional patents or claims prior to this date. Thereafter, it is necessary to obtain leave of Court to add patents or claims.

Before August 15, 2006

F ir st round of mediation to be completed. Judge Harry W. McKee is appointed as mediator in this cause. The mediator shall be deemed to have agreed to the terms of Cour t Ordered Mediation Plan of the United States District Court of the Eastern Distr ict of Texas by going forth with the mediation in accordance with this order. Gener al Order 99-2. EXPECTED LENGTH OF TRIAL.

2 days

The parties are directed to Local Rule CV-7(d), which provides in part that " [i]n the event a party fails to oppose a motion in the manner prescribed herein the Court will assume that the party has no opposition."

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Local Rule CV-7(e) provides that a party opposing a motion has 15 days in which to serve and file supporting documents and briefs after which the Court will consider the submitted motion for decision. OTHER LIMITATIONS (a) 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 ar e relevant to the issues in controversy shall be read into evidence. The Court will refuse to entertain any motion to compel discovery filed after the date of this Or der unless the movant advises the Court within the body of the motion that counsel for the par ties have first conferred in a good faith attempt to resolve the matter. See Eastern District of Texas Local Rule CV-7(h). The following excuses will not warrant a continuance nor justify a failure to comply with the discover y deadline: (i) (ii) 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; 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.

(b)

(c)

(iii)

So ORDERED and SIGNED this 24th day of February, 2006.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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