Case 2:19-cv-00115-JRG Document 114 Filed 03/27/20 Page 1 of 5 PageID #: 4226
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CIVIL ACTION NO. 2:19-CV-00115-JRG
`
`§§§§§§§§§§
`
`SEVEN NETWORKS, LLC,
`
`v.
`
`APPLE INC,
`
`Plaintiff,
`
`Defendant.
`
`ORDER
`Before the Court is the parties’ Joint Motion to Amend the Docket Control Order (the
`
`“Motion”). (Dkt. No. 113.) In the Motion, the parties request a 45 day extension in light of the
`
`global health crisis related to the novel coronavirus (“COVID-19”) pandemic.
`
`(Id. at 1.) The
`
`parties note that in light of the pandemic and associated shelter-in-place orders, the parties are
`
`having difficulty conducting depositions and reviewing source code. (Id. at 5-7.) The Court urges
`
`that the parties explore conducting electronic depositions, noting that nothing precludes the parties
`
`from requesting relief to reconduct depositions in a more favorable format at a later date.
`
`Having considered the Motion, the Court is of the opinion that it should be and hereby is
`
`GRANTED. It is therefore ORDERED that the below schedule of deadlines is in effect until
`
`further order of this Court.
`
`PREVIOUS
`DEADLINE
`
`NEW
`DEADLINE
`
`EVENT
`
`September 14, 2020 November 2, 2020
`
`*Jury Selection – 9:00 a.m. in Marshall, Texas
`
`1
`
`Exhibit 1040
`Apple v. Seven Networks
`IPR2020-00235
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CIVIL ACTION NO. 2:19-CV-00115-JRG
`
`§§§§§§§§§§
`
`SEVEN NETWORKS, LLC,
`
`v.
`
`APPLE INC,
`
`Plaintiff,
`
`Defendant.
`
`ORDER
`Before the Court is the parties’ Joint Motion to Amend the Docket Control Order (the
`
`“Motion”). (Dkt. No. 113.) In the Motion, the parties request a 45 day extension in light of the
`
`global health crisis related to the novel coronavirus (“COVID-19”) pandemic.
`
`(Id. at 1.) The
`
`parties note that in light of the pandemic and associated shelter-in-place orders, the parties are
`
`having difficulty conducting depositions and reviewing source code. (Id. at 5-7.) The Court urges
`
`that the parties explore conducting electronic depositions, noting that nothing precludes the parties
`
`from requesting relief to reconduct depositions in a more favorable format at a later date.
`
`Having considered the Motion, the Court is of the opinion that it should be and hereby is
`
`GRANTED. It is therefore ORDERED that the below schedule of deadlines is in effect until
`
`further order of this Court.
`
`PREVIOUS
`DEADLINE
`
`NEW
`DEADLINE
`
`EVENT
`
`September 14, 2020 November 2, 2020
`
`*Jury Selection – 9:00 a.m. in Marshall, Texas
`
`1
`
`Exhibit 1040
`Apple v. Seven Networks
`IPR2020-00235
`
`
`
`Case 2:19-cv-00115-JRG Document 114 Filed 03/27/20 Page 2 of 5 PageID #: 4227
`
`August 10, 2020
`
`September 24, 2020
`
`August 3, 2020
`
`September 17, 2020
`
`August 3, 2020
`
`September 17, 2020
`
`August 3, 2020
`
`September 17, 2020
`
`*Pretrial Conference – 9:00 a.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`*Notify Deputy Clerk in Charge regarding the
`date and time by which juror questionnaires shall
`be presented to accompany by jury summons if
`the Parties desire to avail themselves the benefit
`of using juror questionnaires1
`
`*Notify Court of Agreements Reached During
`Meet and Confer
`
`The parties are ordered to meet and confer on any
`outstanding objections or motions in limine. The
`parties shall advise the Court of any agreements
`reached no later than 1:00 p.m. three (3) business
`days before the pretrial conference.
`
`*File Joint Pretrial Order, Joint Proposed Jury
`Instructions, Joint Proposed Verdict Form,
`Responses to Motions in Limine, Updated
`Exhibit Lists, Updated Witness Lists, and
`Updated Deposition Designations
`
`July 27, 2020
`
`September 10, 2020
`
`*File Notice of Request for Daily Transcript or
`Real Time Reporting.
`
`If a daily transcript or real time reporting of court
`proceedings is requested for trial, the party or
`parties making said request shall file a notice
`with the Court and e-mail the Court Reporter,
`Shelly Holmes,
`at
`shelly_holmes@txed.uscourts.gov.
`
`2
`
`
`
`Case 2:19-cv-00115-JRG Document 114 Filed 03/27/20 Page 3 of 5 PageID #: 4228
`
`July 21, 2020
`
`September 3, 2020
`
`File Motions in Limine
`
`July 21, 2020
`
`September 3, 2020
`
`July 9, 2020
`
`August 24, 2020
`
`June 29, 2020
`
`August 13, 2020
`
`June 22, 2020
`
`August 6, 2020
`
`The parties shall limit their motions in limine to
`issues that if improperly introduced at trial would
`be so prejudicial that the Court could not
`alleviate the prejudice by giving appropriate
`instructions to the jury.
`
`Serve Objections
`Disclosures
`
`to
`
`Rebuttal
`
`Pretrial
`
`Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures
`
`(Witness List,
`Serve Pretrial Disclosures
`Deposition Designations, and Exhibit List) by
`the Party with the Burden of Proof
`
`*Response to Dispositive Motions (including
`Daubert Motions). Responses to dispositive
`motions that were filed prior to the dispositive
`motion deadline, including Daubert Motions,
`shall be due in accordance with Local Rule CV-
`7(e), not to exceed the deadline as set forth in this
`Docket Control Order.2 Motions for Summary
`Judgment shall comply with Local Rule CV-56.
`
`June 8, 2020
`
`July 23, 2020
`
`*File Motions to Strike Expert Testimony
`(including Daubert
`Motions)
`
`No motion to strike expert testimony (including
`a Daubert motion) may be filed after this date
`without leave of the Court.
`
`3
`
`
`
`Case 2:19-cv-00115-JRG Document 114 Filed 03/27/20 Page 4 of 5 PageID #: 4229
`
`June 8, 2020
`
`July 23, 2020
`
`*File Dispositive Motions
`
`No dispositive motion may be filed after this date
`without leave of the Court.
`
`Motions shall comply with Local Rule CV-56
`and Local Rule CV-7. Motions to extend page
`limits will only be granted in exceptional
`circumstances.
`Exceptional
`circumstances
`require more than agreement among the parties.
`Deadline to Complete Expert Discovery
`
`Serve Disclosures
`Witnesses
`
`for Rebuttal
`
`Expert
`
`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
`
`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
`
`June 8, 2020
`
`July 23, 2020
`
`May 18, 2020
`
`July 2, 2020
`
`April 24, 2020
`
`June 8, 2020
`
`April 17, 2020
`
`June 1, 2020
`
`June 25, 2020
`
`August 10, 2020
`
`Deadline to Complete Mediation
`
`The parties are responsible for ensuring that a
`mediation report is filed no later than 5 days after
`the conclusion of mediation.
`
`Final Election of Asserted Prior Art
`
`Deadline for Parties to file Stipulation as to
`Representative Products
`
`May 21, 2020
`
`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
`
`14 days after
`service of Final
`Election of
`Asserted Claims
`
`14 days after
`Final Election
`of Asserted
`Claims
`
`April 6, 2020
`
`4
`
`
`
`Case 2:19-cv-00115-JRG Document 114 Filed 03/27/20 Page 5 of 5 PageID #: 4230
`
`7 days after
`Claim
`Construction
`Order
`
`Final Election of Asserted Claims
`
`So ORDERED and SIGNED this 27th day of March, 2020.
`
`
`___________________________________________________________________________________________________________________
`
`RODNEY GILSTRAPDNEY GILSSSSSTTTTTTTTTRAP
`UNITED STATES DISTRICT JUDGE
`ITED STATEEESSSS DISTRICT JUD
`
`5
`
`
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