AdvanceMe Inc v. AMERIMERCHANT LLC

Filing 166

AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 12/20/2007 09:00 AM before Judge Leonard Davis. Amended Pleadings due by 10/3/2007. Discovery due by 8/24/2007. Identify trial witnesses by 10/3/2007. Jury instructions due by 11/2/2007. Jury Selection set for 1/7/2008 09:00AM before Judge Leonard Davis. Proposed Pretrial Order due by 11/2/2007. Signed by Judge John D. Love on 8/3/07. (mjc)

AdvanceMe Inc v. AMERIMERCHANT LLC

Doc. 166

Case 6:06-cv-00082-LED-JDL

Document 166

Filed 08/03/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADVANCEME, INC. Plaintiff vs . AMERIMERCHANT LLC; FIRST FUNDS, LLC Defendant AMENDED DOCKET CONTROL ORDER It is hereby ORDERED that the following schedule of deadlines are in effect until further order of this Court: January 14, 2008 9:00 a.m. JURY TRIAL as reached at the United States District Court, 211 W. Ferguson, 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 preferred format for Exhibit Lists is available on the Court's website at www.txed.uscourts.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 information 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. _________________

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CASE NO. 6:06cv82

Dockets.Justia.com

Case 6:06-cv-00082-LED-JDL

Document 166

Filed 08/03/2007

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January 7, 2008 December 20, 2007

9:00 a.m. - JURY SELECTION at the United States District Court, 211 W. Ferguson, Tyler, Texas. 9:00 a.m. - PRETRIAL CONFERENCE at the United States District Court, 211 W. Ferguson, 2nd Floor, Courtroom of Judge John D. Love, Tyler, Texas. Parties to file estimates of the amount of time they request at jury selection and trial for (1) voir dire, (2) opening statements, (3) direct and cross examinations, and (4) closing arguments. 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 pretrial conference. 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 Designation 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. 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 with the Court and email the Court Reporter, Shea Sloan, at [e-mail]. Expert discovery deadline. Response to Dispositive Motions (including Daubert motions) due. 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). Parties to Identify Rebuttal Trial Witnesses. 2

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Case 6:06-cv-00082-LED-JDL

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October 8, 2007

Parties designate rebuttal expert witnesses (non-constructions issues). Rebuttal expert witness reports due. Refer to Local Rules and Discovery Order for required information. Parties to Identify Trial Witnesses; Amend Pleadings (after Markman Hearing). It is not necessary to file a Motion for Leave 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 preliminary or final infringement contentions or preliminary or final invalidity contentions, a motion must be made pursuant to Patent Rule 37 irrespective of whether the amendment is prior to this deadline. 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 with burden of proof designate expert witnesses (non-construction issues). Expert Witness reports due. Refer to Local Rules and Discovery Order for required information. Last day to complete depositions noticed before discovery deadline. If necessary for scheduling purposes, subject to the parties' agreement on a caseby-case basis, depositions of third parties noticed before the discovery deadline may be completed after this date and before September 28, 2007. Discovery Deadline. EXPECTED LENGTH OF TRIAL

October 3, 2007

September 28, 2007

September 20, 2007

September 14, 2007

August 24, 2007 5 Days

In the event that any of these dates fall on a weekend or Court holiday, the deadline is modified to be the next Court business day. 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." 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 are relevant to the issues in controversy shall be read into evidence.

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Case 6:06-cv-00082-LED-JDL

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(b)

The Court will refuse to entertain any motion to compel discovery filed after the date of this Order unless the movant advises the Court within the body of the motion that counsel for the parties 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 discovery 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;

(c)

(iii)

. 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.

So ORDERED and SIGNED this 3rd day of August, 2007.

___________________________________ JOHN D. LOVE UNITED STATES MAGISTRATE JUDGE

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