Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 339

ORDER that prior to filing any summary judgment motion, parties must submit letter briefs seeking permission to file the motion; prior to filing any motions to strike or Daubert Motions, the parties must submit letter briefs seeking permission to file the motion; each side is limited to 10 disputed motions in limine; each side is limited to designating 250 exhibits for trial absent a showing of good cause; each side is limited to designating no more than 10 hours of deposition testimony for use at trial absent a showing of good cause. Signed by Magistrate Judge John D. Love on 11/23/10. cc:attys 11-23-10(mll, )

Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Doc. 339

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION BEDROCK COMPUTER, TECHNOLOGIES, LLC v. SOFTLAYER TECHNOLOGIES, INC., ET AL. § § § § § § §

No. 6:09cv269 LED-JDL JURY DEMANDED

ORDER The Court has a large number of patent cases pending on the Court's docket, resulting in voluminous pretrial motion practice. In order to increase the efficiency of cases proceeding to trial, decrease trial costs for the parties, save time for the Court and parties, and sharpen the Court's focus on the dispositive or most important issues, the Court ORDERS: 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 5 pages and shall be filed with the Court no later than 60 days before the deadline for filing summary judgment motions. Answering letter briefs in each of those matters shall be no longer than 5 pages and filed with the Court no later than 14 days thereafter. Reply briefs in each of those matters shall be no longer than 3 pages and filed with the Court no later than 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. Parties now routinely file summary judgment motions on nearly every major trial issue,

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regardless of whether the documentary evidence warrants summary judgment. Filing motions that are not even arguably meritorious wastes clients' money and the Court's limited resources. Accordingly, the Court strongly encourages parties to only raise issues where there is no question of material fact or issues that raise legal questions. Motions to Strike Expert Testimony/Daubert Motions: Prior to filing any Motions to Strike or Daubert Motions, 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 3 pages and shall be filed with the Court no later than 60 days before the deadline for filing Motions to Strike or Daubert Motions. Answering letter briefs in each of those matters shall be no longer than 3 pages and filed with the Court no later than 14 days thereafter. Reply briefs in each of those matters shall be no longer than 2 pages and filed with the Court no later than 5 days thereafter. The Court may hold a hearing or telephone conference to hear arguments and to determine whether the filing of any motion will be permitted. It has become commonplace to file Daubert motions on nearly every opposing testifying expert. The filing of blatantly non-meritorious motions wastes a client's money and the Court's resources. The Court reminds the parties that Daubert motions are appropriate for experts who are not qualified to testify, not merely experts who espouse theories an opposing party disagrees with. For all of the above mentioned motions, the letter briefs shall be filed without exhibits. Any requests to submit letter briefs after the deadlines outlined above must show good cause. Motions in Limine: Each side is limited to 10 motions in limine. The Court views motions in limine as appropriate for those things that will create a proverbial "skunk in the jury box," i.e., that, if mentioned in front of the jury before an evidentiary ruling can be made, would be so 2

prejudicial that the Court could not alleviate the prejudice with an appropriate instruction. However, parties now regularly file motions in limine on any issue, argument, or evidence they want kept from the jury, which is not the proper use of motions in limine. Accordingly, the Court limits each side to 10 motions in limine (each addressing a single issue), and the Court instructs the parties to use them appropriately. Exhibits: Each side is limited to designating 250 exhibits for trial absent a showing of good cause. Parties now commonly designate thousands of exhibits for trial--causing both sides to go through the expense of reviewing and objecting to those exhibits--but typically only use a handful of exhibits in front of the jury. Deposition Designations: Each side is limited to designating 10 hours of deposition testimony for use at trial absent a showing of good cause. As trial approaches, if either side needs to designate more than 10 hours, the party may file a motion for leave and show good cause. Parties now routinely .designate hundreds of hours of deposition testimony with corresponding exhibits--causing both sides to undergo the expense of reviewing and objecting to the testimony--but typically only using a few hours of deposition testimony at trial. So ORDERED and SIGNED this 23rd day of November, 2010.

___________________________________ JOHN D. LOVE UNITED STATES MAGISTRATE JUDGE

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