`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`OPENTV, INC.
`
` Plaintiff,
`
`v.
`
`PINTEREST, INC.,
`
` Defendant.
`
`Court No. 1:24-cv-01301-JCG
`
`
`SCHEDULING ORDER
`Upon consideration of the Parties’ Proposed Scheduling Order (D.I. 51), and
`all other papers and proceedings in this action, it is hereby
`ORDERED that this case shall proceed according to the following schedule:
`1. Rule 26(a)(l) Initial Disclosures. Unless otherwise agreed to by the
`Parties, the Parties shall make their initial disclosures required by Federal Rule of
`Civil Procedure 26(a)(l) on or before October 1, 2025;
`2. Disclosure of Asserted Claims and Infringement Contentions. Any
`Party claiming patent infringement shall serve on all Parties a “Disclosure of
`Asserted Claims and Infringement Contentions” on or before November 14, 2025.
`Separately for each opposing party, the Disclosure of Asserted Claims and
`Infringement Contentions shall contain the following information:
`a. Each claim of each asserted patent that is allegedly infringed by
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 1 of 28 PageID #: 1436
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 2
`
`
`
`each opposing Party, including for each claim the applicable statutory
`subsections of 35 U.S.C. § 271 asserted;
`b. Separately for each asserted claim, each accused apparatus,
`product, device, process, method, act, or other instrumentality (“Accused
`Instrumentality”) of each opposing Party of which the Party is aware. This
`identification shall be as specific as possible. Each product, device, and
`apparatus shall be identified by name or model number, if known. Each
`method or process shall be identified by name, if known, or by any product,
`device, or apparatus that, when used, allegedly results in the practice of the
`claimed method or process;
`c. A chart identifying specifically where and how each limitation
`of each asserted claim is found within each Accused Instrumentality,
`including for each limitation that such party contends is governed by 35
`U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s) in the
`Accused Instrumentality that performs the claimed function;
`d. For each claim alleged to have been indirectly infringed, an
`identification of any direct infringement and a description of the acts of the
`alleged indirect infringer that contribute to or are inducing that direct
`infringement. Insofar as alleged direct infringement is based on joint acts of
`multiple parties, the role of each such party in the direct infringement must
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 2 of 28 PageID #: 1437
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 3
`
`
`
`be described;
`e. Whether each limitation of each asserted claim is alleged to be
`present in the Accused Instrumentality literally or under the doctrine of
`equivalents;
`f. For any patent that claims priority to an earlier application, the
`priority date to which each asserted claim is alleged to be entitled;
`g. If a Party claiming patent infringement wishes to preserve the
`right to rely, for any purpose, on the assertion that its own or its licensee’s
`apparatus, product, device, process, method, act, or other instrumentality
`practices the claimed invention, the Party shall identify, separately for each
`asserted claim, each such apparatus, product, device, process, method, act, or
`other instrumentality that incorporates or reflects that particular claim
`(“Embodying Instrumentality”);
`h. The timing of the point of first infringement, the start of
`claimed damages, and the end of claimed damages; and
`i. If a Party claiming patent infringement alleges willful
`infringement, the basis for such allegation.
`3. Document Production Accompanying Disclosure of Asserted Claims
`and Infringement Contentions. With the Disclosure of Asserted Claims and
`Infringement Contentions, the Party claiming patent infringement shall produce to
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 3 of 28 PageID #: 1438
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 4
`
`
`
`each opposing Party or make available for inspection and copying:
`a. Documents (e.g., contracts, purchase orders, invoices,
`advertisements, marketing materials, offer letters, beta site testing
`agreements, and third party or joint development agreements) sufficient to
`evidence each discussion with, disclosure to, or other manner of providing to
`a third party, or each sale of or offer to sell, or any public use of, the claimed
`invention prior to the date of application for the asserted patent(s);
`b. All documents evidencing the conception, reduction to practice,
`design, and development of each claimed invention, which were created on
`or before the date of application for the asserted patent(s) or the priority date
`identified pursuant to paragraph 3(f) of this Order, whichever is earlier;
`c. A copy of the file history for each asserted patent;
`d. All documents evidencing ownership of the patent rights by the
`Party asserting patent infringement;
`e. If a Party identifies instrumentalities pursuant to paragraph 3(g)
`of this Order, documents sufficient to show the operation of any aspects or
`elements of such instrumentalities the patent claimant relies upon as
`embodying any asserted claims;
`f. All agreements, including licenses, transferring an interest in
`any asserted patent;
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 4 of 28 PageID #: 1439
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 5
`
`
`
`g. All agreements that the Party asserting infringement contends
`are comparable to a license that would result from a hypothetical reasonable
`royalty negotiation;
`h. All agreements that otherwise may be used to support the party
`asserting infringement’s damages case;
`i. If a Party identifies instrumentalities pursuant to paragraph 3(g)
`of this Order, documents sufficient to show marking of such Embodying
`Instrumentalities; and if the Party wants to preserve the right to recover lost
`profits based on such products, the sales, revenues, costs, and profits of such
`Embodying Instrumentalities; and
`j. All documents comprising or reflecting a F/RAND commitment
`or agreement with respect to the asserted patent(s).
`The producing Party shall separately identify by production number the
`documents that correspond to each category set forth in this paragraph. A Party’s
`production of a document as required by this paragraph shall not constitute an
`admission that such document evidences or is prior art under 35 U.S.C. § 102.
`4. Invalidity Contentions. Not later than January 8, 2026, each Party
`opposing a claim of patent infringement shall serve on all Parties its “Invalidity
`Contentions,” which shall contain the following information:
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 5 of 28 PageID #: 1440
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 6
`
`
`
`a. The identity of each item of prior art that the Party alleges
`anticipates each asserted claim or renders the claim obvious. Each prior art
`patent shall be identified by its number, country of origin, and date of issue.
`Each prior art publication shall be identified by its title, date of publication,
`and, where feasible, author and publisher. Each alleged sale or public use
`shall be identified by specifying the item offered for sale or publicly used or
`known, the date the offer or use took place or the information became
`known, and the identity of the person(s) or entity(ies) that made the use or
`made and received the offer, or the person(s) or entity(ies) that made the
`information known or to whom it was made known. For pre-AIA claims,
`prior art under 35 U.S.C. § 102(f) shall be identified by providing the name
`of the person(s) from whom and the circumstances under which the
`invention or any part of it was derived. For pre-AIA claims, prior art under
`35 U.S.C. § 102(g) shall be identified by providing the identities of the
`person(s) or entity(ies) involved in and the circumstances surrounding the
`making of the invention before the patent applicant(s);
`b. Whether each item of prior art anticipates each asserted claim
`or renders it obvious. If obviousness is alleged, an explanation of why the
`prior art renders the asserted claim obvious, including an identification of
`any combinations of prior art showing obviousness;
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 6 of 28 PageID #: 1441
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 7
`
`
`
`c. A chart identifying specifically where and how in each alleged
`item of prior art each limitation of each asserted claim is found, including,
`for each limitation that such party contends is governed by 35 U.S.C.
`§ 112(f), the identity of the structure(s), act(s), or material(s) in each item of
`prior art that performs the claimed function; and
`d. Any grounds of invalidity based on 35 U.S.C. § 101,
`indefiniteness under 35 U.S.C. § 112(b), or lack of enablement or
`insufficient written description under 35 U.S.C. § 112(a) of any of the
`asserted claims.
`5. Document Production Accompanying Invalidity Contentions. With
`the Invalidity Contentions, the Party opposing a claim of patent infringement shall
`produce or make available for inspection and copying:
`a. Source code, specifications, schematics, flow charts, artwork,
`formulas, or other documentation sufficient to show the operation of any
`aspects or elements of an Accused Instrumentality identified by the patent
`claimant in its chart produced pursuant to paragraph 3(c) of this Order;
`b. A copy or sample of the prior art identified pursuant to
`paragraph 5(a) that does not appear in the file history of the patent(s) at
`issue. To the extent any such item is not in English, an English translation
`of the portion(s) relied upon shall be produced;
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 7 of 28 PageID #: 1442
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 8
`
`
`
`c. All agreements that the party opposing infringement contends
`are comparable to a license that would result from a hypothetical reasonable
`royalty negotiation;
`d. Documents sufficient to show the sales, revenue, cost, and
`profits for Accused Instrumentalities identified pursuant to paragraph 3(b) of
`this Order for any period of alleged infringement; and
`e. All agreements that may be used to support the damages case of
`the Party opposing infringement.
`The producing party shall separately identify by production number the
`documents that correspond to each category set forth in this paragraph.
`6. Amendment to Contentions. Amendment of the Infringement
`Contentions or the Invalidity Contentions may be made only by order of the Court
`upon a timely showing of good cause. Non-exhaustive examples of circumstances
`that may, absent undue prejudice to the nonmoving party, support a finding of
`good cause include (a) recent discovery of material prior art despite earlier diligent
`search and (b) recent discovery of nonpublic information about the Accused
`Instrumentality that was not discovered, despite diligent efforts, before the service
`of the Infringement Contentions. The duty to supplement discovery responses
`does not excuse the need to obtain leave of the Court to amend contentions.
`7. Joinder of Other Parties and Amendment of Pleadings. All motions to
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 8 of 28 PageID #: 1443
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 9
`
`
`
`join other parties, and to amend or supplement the pleadings, shall be filed on or
`before December 18, 2025.
`8. Discovery.
`a. Discovery Cut Off. All discovery in this case shall be initiated
`so that it will be completed on or before September 14, 2026.
`b. Document Production. Document production shall be
`completed on or before June 26, 2026.
`c. Requests for Admission. A maximum of 30 requests for
`admission is permitted for each side.
`d. Interrogatories. A maximum of 25 interrogatories, including
`contention interrogatories, is permitted for each side.
`e. Depositions.
`1. Limitation on Hours for Deposition Discovery. Each
`side is limited to a total of 70 hours of taking factual testimony by
`deposition upon oral examination.
`2. Location of Depositions. Any Party or representative
`(officer, director, or managing agent) of a party filing a civil action in
`this District Court must ordinarily be required, upon request, to submit
`to a deposition at a place designated within this District. Exceptions
`to this general rule may be made by order of the Court or by
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 9 of 28 PageID #: 1444
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 10
`
`
`
`agreement of the Parties. A defendant who becomes a
`counterclaimant, cross-claimant, or third-party plaintiff shall be
`considered as having filed an action in this Court for the purpose of
`this provision.
`9. Pinpoint Citations. Pinpoint citations are required in all briefing,
`letters, and concise statements of facts. The Court will ignore any assertions of
`controverted facts and controverted legal principles not supported by a pinpoint
`citation to, as applicable: the record, an attachment or exhibit, and/or case law or
`appropriate legal authority. See United States v. Dunkel, 921 F.2d 955, 956 (7th
`Cir. 1991) (“Judges are not like pigs, hunting for truffles buried in briefs.”).
`10. Application to Court for Protective Order. Should counsel find it will
`be necessary to apply to the Court for a protective order specifying terms and
`conditions for the disclosure of confidential information, counsel should confer and
`attempt to reach an agreement on a proposed form of order and submit it to the
`Court on or before October 3, 2025.
`Any proposed protective order must include the following paragraph:
`Other Proceedings . By entering this Order and limiting
`the disclosure of information in this case, the Court does
`not intend to preclude another court from finding that the
`information may be relevant and subject to disclosure in
`another case. Any person or party subject to this Order
`who becomes subject to a motion to disclose another
`party’s information designated as confidential pursuant to
`this Order shall promptly notify that party of the motion
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 10 of 28 PageID #: 1445
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 11
`
`
`
`so that the party may have an opportunity to appear and be
`heard on whether that information should be disclosed.
`
`11. Disputes Relating to Discovery Matters and Protective Orders.
`Should counsel find that they are unable to resolve a dispute relating to a discovery
`matter or protective order, the Parties shall contact my Case Manager, Mr. Steve
`Taronji, by telephone at (212) 264-1611 or via e-mail at
`steve_taronji@cit.uscourts.gov, to arrange a video conference with the Court.
`a. Unless otherwise ordered, by no later than 72 hours prior to the
`conference/argument, the party seeking relief shall file with the Court a
`letter, not to exceed three pages, outlining the issues in dispute and the
`party’s position on those issues. The party shall submit as attachments to its
`letter (1) an averment of counsel that the parties made a reasonable effort to
`resolve the dispute and that such effort included oral communication that
`involved Delaware counsel for the parties, and (2) a draft order for the
`Court’s signature that identifies with specificity the relief sought by the
`party. The party shall file concurrently with its letter a motion that in no
`more than one paragraph sets forth the relief sought.
`b. By no later than 48 hours prior to the conference/argument, any
`party opposing the application for relief may file a letter, not to exceed three
`pages, outlining that party’s reasons for its opposition.
`c. If a motion concerning a discovery matter or protective order is
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 11 of 28 PageID #: 1446
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 12
`
`
`
`filed without leave of the Court and does not comport with the procedures
`set forth in this paragraph, the motion will be denied without prejudice to the
`moving party’s right to bring the dispute to the Court through the procedures
`set forth in this paragraph.
`12. Papers Filed Under Seal. Parties need not file copies with the Clerk of
`Court for the U.S. District Court for the District of Delaware. Parties are not
`required to physically deliver original and paper copies of sealed filings to the
`Court. A redacted version of any sealed document shall be filed electronically
`within seven days of the filing of the sealed document.
`13. Hard Copies. Unless otherwise ordered by the Court, Parties shall
`furnish one paper copy of pleadings, briefs, responses, and replies. Parties shall
`also provide two physical copies of documents filed in support of pleadings and
`briefs—appendices, exhibits, declarations, and affidavits. Parties are not required
`to file paper copies of motions, memoranda of points and authorities, letters,
`stipulations, status reports, and similar shorter filings. Paper copies shall be
`furnished to the Clerk of Court at United States Court of International Trade, One
`Federal Plaza, New York, New York 10278-0001. This provision also applies to
`papers and filings under seal.
`a. Exhibits and Attachments. Each exhibit and attachment to a
`letter, brief, or pretrial order shall be separated by a tab. (Accordingly, each
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 12 of 28 PageID #: 1447
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 13
`
`
`
`brief filed in connection with a motion in limine in a pretrial order must be
`separated by a tab.) Each exhibit and attachment shall have page numbers of
`some sort such that a particular page of an exhibit or attachment can be
`identified by a page number. The Parties shall take all practical measures to
`avoid filing multiple copies of the same exhibit or attachment. The Parties
`should highlight the text of exhibits and attachments they wish the Court to
`read. The Parties are encouraged to include in an exhibit or attachment only
`the pages of the document in question that (1) identify the document (e.g.,
`the first page of a deposition transcript or the cover page of a request for
`discovery) and (2) are relevant to the issue(s) before the Court.
`b. Colors of Front Covers. The covers of briefs filed in
`connection with all motions except for motions in limine included in a
`pretrial order shall be as follows:
`i. Opening brief – Blue
`ii. Answering brief – Red
`iii. Reply brief – Gray
`14. Claim Construction Issue Identification. On or before January 20,
`2026, the parties shall exchange a list of those claim term(s)/phrase(s) that they
`believe need construction. On or before February 2, 2026, the parties shall
`exchange their proposed claim construction(s) of those term(s)/phrase(s) and their
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 13 of 28 PageID #: 1448
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 14
`
`
`
`supporting extrinsic evidence, if any. To be clear, such disclosure does not include
`the disclosure of rebuttal extrinsic evidence. These documents will not be filed
`with the Court. Subsequent to exchanging that list, the Parties will meet and
`confer to prepare a Joint Claim Construction Chart to be filed no later February 17,
`2026. The Joint Claim Construction Chart, in Word format, shall be e-mailed
`simultaneously with filing to steve_taronji@cit.uscourts.gov. The text for the Joint
`Claim Construction Chart shall be 14-point and in Times New Roman or a similar
`typeface. The Parties’ Joint Claim Construction Chart should identify for the
`Court the term(s)/phrase(s) of the claim(s) in issue and should include each party’s
`proposed construction of the disputed claim language with citation(s) only to the
`intrinsic evidence in support of their respective proposed constructions. A separate
`text-searchable PDF of each of the patent(s) in issue shall be submitted with this
`Joint Claim Construction Chart. In this joint submission, the Parties shall not
`provide argument. Each Party shall file concurrently with the Joint Claim
`Construction Chart a “Motion for Claim Construction” that requests the Court to
`adopt the claim construction position(s) of that Party set forth in the Joint Claim
`Construction Chart. The motion shall not contain any argument and shall simply
`state that the Party “requests that the Court adopt the claim construction position[s]
`of [the Party] set forth in the Joint Claim Construction Chart (D.I. [ ]).”
`15. Claim Construction Briefing. The Plaintiff shall serve, but not file, its
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 14 of 28 PageID #: 1449
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 15
`
`
`
`opening brief, not to exceed 5,500 words, on March 9, 2026. The Defendant shall
`serve, but not file, its answering brief, not to exceed 8,250 words, on March 30,
`2026. The Plaintiff shall serve, but not file, its reply brief, not to exceed 5,500
`words, on April 20, 2026. The Defendant shall serve, but not file, its sur-reply
`brief, not to exceed 2,750 words, on May 11, 2026. The text for each brief shall be
`14-point and in Times New Roman or a similar typeface. Each brief must include
`a certification by counsel that the brief complies with the type and number
`limitations set forth above. The person who prepares the certification may rely on
`the word count of the word-processing system used to prepare the brief.
`No later than May 18, 2026, the Parties shall file a Joint Claim Construction
`Brief. (Should the Parties later stipulate or otherwise request to have this deadline
`extended, the Parties will presumptively lose their claim construction hearing date
`upon the Court’s granting the extension.) The Parties shall copy and paste their
`untitled briefs into one brief, with their positions on each claim term in sequential
`order, in substantially the form below.
`JOINT CLAIM CONSTRUCTION BRIEF
`I. Agreed-upon Construction
`
`II. Disputed Constructions
`
`A. [Term 1]
`
`1. Plaintiff’s Opening Position
`2. Defendant’s Answering Position
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 15 of 28 PageID #: 1450
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 16
`
`
`
`3. Plaintiff’s Reply Position
`4. Defendant’s Sur-Reply Position
`
`B. [TERM 2]
`
`1. Plaintiff’s Opening Position
`2. Defendant’s Answering Position
`3. Plaintiff’s Reply Position
`4. Defendant’s Sur-Reply Position
`
`Etc. The Parties need not include any general summaries of the law relating to
`claim construction. If there are any materials that would be submitted in an
`appendix, the Parties shall submit them in a Joint Appendix. Citations to intrinsic
`evidence shall be set forth in the Joint Claim Construction Brief. Citations to
`expert declarations and other extrinsic evidence may be made in the Joint Claim
`Construction Brief as the Parties deem necessary, but the Court will review such
`extrinsic evidence only if the Court is unable to construe the disputed claim terms
`based on the intrinsic evidence. See Vitronics Corp. v. Conceptronic, Inc., 90 F.3d
`1576, 1584 (Fed. Cir. 1996). Declarations shall not contain legal argument or be
`used to circumvent the briefing word limitations imposed by this paragraph. The
`Joint Claim Construction Brief and Joint Appendix shall comply with paragraphs 9
`and 13 of this Order.
`16. Meet and Confer Confirmation and Amended Claim Chart. On or
`before May 26, 2026, Delaware and lead counsel for the Parties shall meet and
`confer and thereafter file an Amended Joint Claim Construction Chart that sets
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 16 of 28 PageID #: 1451
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 17
`
`
`
`forth the terms that remain in dispute. During the meet and confer, the Parties shall
`attempt to reach agreement on any disputed terms where possible and to narrow the
`issues related to the remaining disputed terms. The Parties shall file with the
`Amended Joint Claim Construction Chart a letter that identifies by name each
`individual who participated in the meet and confer, when and how (i.e., by
`telephone or in person) the meet and confer occurred, and how long it lasted. If no
`agreements on constructions have been reached or if no dispute has been narrowed
`as a result of the meet and confer, the letter shall so state, and the Parties need not
`file an Amended Joint Claim Construction Chart.
`17. Hearing on Claim Construction. A claim construction hearing will be
`held on June 25, 2026, at 1:00 p.m. at the J. Caleb Boggs Federal Building in
`Wilmington, Delaware. Absent prior approval of the Court (which, if it is sought,
`must be done by joint letter submission no later than the date on which answering
`claim construction briefs are due to be served), the Parties shall not present
`testimony at the argument, and the argument shall not exceed a total of three hours.
`18. Disclosure of Expert Testimony.
`a. Expert Reports. For the Party with the initial burden of proof
`on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert
`testimony is due on or before October 1, 2026. The supplemental disclosure
`to contradict or rebut evidence on the same matter identified by another
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 17 of 28 PageID #: 1452
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 18
`
`
`
`Party is due on or before October 29, 2026. Reply expert reports from the
`Party with the initial burden of proof are due on or before November 19,
`2026. No other expert reports will be permitted without either the consent of
`all Parties or leave of the Court. Along with the submissions of the expert
`reports, the Parties shall provide the dates and times of their experts’
`availability for deposition. Depositions of experts shall be completed on or
`before December 10, 2026.
`b. Objections to Expert Testimony. To the extent any objection to
`expert testimony is made pursuant to the principles announced in Daubert v.
`Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in
`Federal Rule of Evidence 702, it shall be made by motion no later than the
`deadline for dispositive motions set forth herein, unless otherwise ordered by
`the Court.
`19. Case Dispositive and Daubert Motions.
`a. No Early Motions Without Leave. All case dispositive motions
`and the opening briefs and affidavits supporting such motions shall be
`served and filed on or before January 11, 2027. No case dispositive motion
`under Rule 56 may be filed more than ten days before this date without leave
`of the Court. Responsive briefs to the motions shall be served and filed on
`or before February 1, 2027. Reply briefs for any motions under Rule 56
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 18 of 28 PageID #: 1453
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 19
`
`
`
`shall be due on or before February 22, 2027. Should the Parties later
`stipulate or otherwise request to have the reply brief deadline extended, the
`Parties will lose their trial date upon the Court’s granting the extension, and
`no new trial date will be given until the dispositive motion(s) has(have) been
`decided. A hearing will be held on March 8, 2027, at 1:00 p.m. for all case
`dispositive motions and Daubert motions.
`b. Motions to Be Filed Separately. A party shall not combine into
`a single motion multiple motions that rely in whole or in part on different
`facts.
`c. Word Limits. Each Party is permitted to file as many case
`dispositive motions as desired, provided, however, that each SIDE will be
`limited to a combined total of 10,000 words for all opening briefs, a
`combined total of 10,000 words for all answering briefs, and a combined
`total of 5,000 words for all reply briefs, regardless of the number of case
`dispositive motions that are filed. In the event that a Party files, in addition
`to a case dispositive motion, a Daubert motion to exclude or preclude all or
`any portion of an expert’s testimony, the total amount of words permitted for
`all case dispositive and Daubert motions shall be increased for each SIDE to
`12,500 words for all opening briefs, 12,500 words for all answering briefs,
`and 6,250 words for all reply briefs. The text for each brief shall be 14-point
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 19 of 28 PageID #: 1454
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 20
`
`
`
`and in Times New Roman or a similar typeface. Each brief must include a
`certification by counsel that the brief complies with the type and number
`limitations set forth above. The person who prepares the certification may
`rely on the word count of the word-processing system used to prepare the
`brief.
`d. Ranking of Summary Judgment Motions. A Party that files
`more than one summary judgment motion shall number each motion to make
`clear the order in which the Party wishes the Court to consider the motions
`in question. The first motion the Party wishes the Court to consider shall be
`designated #1, the second motion shall be designated #2, and so on. The
`Court will review the Party’s summary judgment motions in the order
`designated by the Party. If the Court decides to deny a motion filed by the
`Party, barring exceptional reasons determined sua sponte by the Court, the
`Court will not review any further summary judgment motions filed by the
`Party.
`e. Ranking Daubert Motions. A party that files more than one
`Daubert motion shall number each motion to make clear the order in which
`the Party wishes the Court to consider the motions in question. The first
`motion the Party wishes the Court to consider shall be designated #1, the
`second motion shall be designated #2, and so on. The Court will review the
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 20 of 28 PageID #: 1455
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 21
`
`
`
`Party’s Daubert motions in the order designated by the Party. If the Court
`decides to deny a motion filed by the Party, barring exceptional reasons
`determined sua sponte by the Court, the Court will not review any further
`Daubert motions filed by the Party. If the Court denies a Daubert motion and
`the Party that brought the motion does not cross examine the expert witness
`at trial about the matters raised in the Daubert motion, the Court will reduce
`by an appropriate amount the time allotted to that Party at trial.
`f. Concise Statement of Facts Requirement. Any motion for
`summary judgment shall be accompanied by a separate concise statement
`detailing each material fact as to which the moving Party contends that there
`are no genuine issues to be tried that are essential for the Court’s
`determination of the summary judgment motion (not the entire case).1 A
`Party must submit a separate concise statement of facts for each summary
`judgment motion. Any Party that opposes the motion shall file and serve
`with its opposing papers a separate document containing a single concise
`statement that admits or disputes the facts set forth in the moving Party’s
`concise statement, as well as sets forth all material facts as to which it is
`contended that there exists a genuine issue necessary to be litigated.
`
`1 The party must detail each material fact in its concise statement of facts. The
`concise statements of facts play an important gatekeeping role in the Court’s
`consideration of summary judgment motions.
`Case 1:24-cv-01301-JCG Document 52 Filed 09/26/25 Page 21 of 28 PageID #: 1456
`
`
`
`
`
`
`
`Court No. 1:24-cv-01301 Page 22
`
`
`
`g. Focus of the Concise Statement. When preparing the separate
`concise statement, a Party shall reference only the material facts that are
`absolutely necessary for the Court to determine the limited issues presented
`in the motion for summary judgment (and no others), and each reference
`shall contain a citation to a particular affidavit, deposition, or other
`document that supports the party’s interpretation of the material fact.
`Documents referenced in the concise statement may, but need not, be filed in
`their entirety if a Party concludes that the full context would be helpful to
`the Court (e.g., a deposition miniscript with an index stating what pages may
`contain key words may often be useful). The concise statement shall
`par