WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 285

RESPONSE in Opposition re 277 MOTION for Leave to File Two Letter Briefs Requesting Permission to File Certain Motions filed by WI-LAN Inc.. (Attachments: # 1 Affidavit Declaration of Syed Fareed, # 2 Exhibit A - Docket Control Order, # 3 Text of Proposed Order)(Fareed, Syed)

EXHIBIT A

Current Date
November 30, 2012

Proposed New Date
December 21, 2012

Event
Deadline to complete expert discovery
Deadline to file letter briefs regarding Dispositive
Motions and any other motions that may require a
hearing (including Daubert motions)

December 7, 2012

January 18, 2013

Dispositive Motions due from all parties and any other
motions that may require a hearing (including Daubert
motions) due

January 18, 2013

February 8, 2013

Oppositions to Dispositive Motions (including Daubert
motions) due.

None

February 22, 2013

Reply to Dispositive Motions (including Daubert
motions) due.

January 25, 2013

February 28, 2013

Joint Pretrial Order, Joint Proposed Jury Instructions
with citation to authority and Form of the Verdict for
jury trials dues. Proposed Findings of Fact and
Conclusions of Law with citation to authority for
issues tried to the bench.
Notice of Request for Daily Transcript or Real time
Reporting of Court Proceedings due. 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].

February 13, 2013

February 28, 2013

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.

February 25, 2013

March 8, 2013

Rebuttal Designations and Objections to Deposition
Testimony due. Cross examination line and page
numbers to be included. 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.

March 1, 2013

March 15, 2013

Objections to Rebuttal Deposition Testimony due.

SMRH:407452973.1

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Current Date
March 11, 2013

Proposed New Date
March 15, 2013

Event
Pretrial Objections due
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.

March 15, 2013

March 18, 2013

Responses to Motions in Limine due.

March 18, 2013

Unchanged

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.

March 21, 2013

Unchanged

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

Court designated date – not
flexible without good
cause - Motion Required

All pending motions will be heard.
Lead trial counsel must attend the pretrial
conference.

April 1, 2013

Unchanged

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

Unchanged

EXHIBITS & EXHIBIT LISTS: Each party shall
provide the Court with one set of exhibits and three
copies of the exhibit list. The Court’s preferred
format for Exhibit Lists is available on the Court’s
website at www.txed.uscourts.gov under “Orders &
Forms.”

Court designated date – not
flexible without good
cause - Motion Required

April 8, 2013

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.
At the conclusion of the evidentiary phase of
trial, each party shall be responsible for pulling those
exhibits admitted at trial to be submitted to the jury.
SMRH:407452973.1

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Current Date

Proposed New Date

Event
In addition, each party shall submit to the Court a
Final Exhibit List of all of their exhibits admitted
during trial.
At the conclusion of trial, all boxes of exhibits
shall be returned to the respective parties and the
parties are instructed to remove these exhibits from
the courtroom.
Within two business days of the conclusion of
trial, each party shall submit to the Court the
following:
(1) A disk or disks containing all admitted
trial exhibits in PDF format. If tangible exhibits
were admitted, such exhibits shall be substituted
with a photograph to be converted to a PDF file and
shall be included in the Court’s disk of admitted
exhibits. If the Court ordered any exhibits sealed
during trial, the Sealed Exhibits shall be copied on a
separate disk.
(2) A disk or disks containing the transcripts
of Video Depositions played during trial, along with
a copy of the actual video deposition.
After verification of exhibit lists by the Clerk,
the lists shall be filed by the Clerk, and the disk or
disks containing the exhibits in PDF format shall be
stored in the Clerk’s Office, Tyler Division.

April 8, 2013
Court designated date – not
flexible without good
cause - Motion Required

SMRH:407452973.1

Unchanged

9:00 a.m. JURY TRIAL as reached at the United
States District Court, 211 W. Ferguson, 3rd
Floor, Courtroom of Judge Leonard Davis, Tyler,
Texas. (per 7/6 DCO)

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