Case 2:21-cv-00138-JRG Document 19 Filed 08/25/21 Page 1 of 5 PageID #: 103
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`LINDA CHAMNESS and RICKY
`CHAMNESS
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`v.
`
`SODEXO, INC.
`
`
`
`
`Case No. 2:21-cv-00138-JRG
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
`§
`§
`§
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`§
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`DOCKET CONTROL ORDER
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`In accordance with the scheduling conference held in this case, it is hereby ORDERED
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`that the following schedule of deadlines is in effect until further order of this Court:
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`DATE/DEADLINE
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`EVENT
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`May 23, 2022
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`May 16, 2022
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`May 2, 2022
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`April 25, 2022
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`April 25, 2022
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`Jury Selection – 9:00 a.m. in Marshall, Texas before
`Judge Rodney Gilstrap
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`Pretrial Conference – 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`File Joint Pretrial Order, Joint Proposed Jury
`Instructions and Form of the Verdict, Responses to
`Motions in Limine, Updated Exhibit Lists, Updated
`Witness Lists, and Updated Deposition Designations.
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`*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
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`File Motions in Limine
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`The parties are ordered to meet and confer on their
`respective motions in limine and advise the court of
`any agreements in this regard by 1:00 p.m. three (3)
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`1The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance
`of Voir Dire.
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`
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`Petitioner Samsung Ex-1047, 0001
`
`

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`Case 2:21-cv-00138-JRG Document 19 Filed 08/25/21 Page 2 of 5 PageID #: 104
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`DATE/DEADLINE
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`EVENT
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`business days before the pretrial conference. The
`parties shall limit their motions in limine to those
`issues which, if improperly introduced into the trial of
`the case would be so prejudicial that the court could
`not alleviate the prejudice with appropriate
`instruction(s).
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`File Notice of Request for Daily Transcript or Real
`Time Reporting.
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`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
`at kecia_clendening@txed.uscourts.gov.
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`Serve Pretrial Objections
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`Serve Pretrial Disclosures
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`Response to Dispositive Motions (including Daubert
`Motions).2 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). Motions for Summary Judgment
`shall comply with Local Rule CV-56.
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`Deadline for Filing Dispositive Motions and any other
`motions that may require a hearing; including
`Daubert motions.
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`Defendant to Identify and Give Notice of Trial
`Witnesses
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`Plaintiff to Identify and Give Notice of Trial
`Witnesses
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`File Response to Amended Pleadings
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`April 23, 2022
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`April 25, 2022
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`April 11, 2022
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`April 11, 2022
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`March 28, 2022
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`March 28, 2022
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`March 21, 2022
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`March 14, 2022
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`2The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s failure to oppose a
`motion in the manner prescribed herein creates a presumption that the party does not controvert the facts set out by
`movant and has no evidence to offer in opposition to the motion.” Local Rule CV-7(e) provides that a party opposing
`a motion has 14 days, in addition to any added time permitted under Fed. R. Civ. P. 6(d), in which to serve and file a
`response and any supporting documents, after which the court will consider the submitted motion for decision.
`
`2
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`Petitioner Samsung Ex-1047, 0002
`
`

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`Case 2:21-cv-00138-JRG Document 19 Filed 08/25/21 Page 3 of 5 PageID #: 105
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`DATE/DEADLINE
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`EVENT
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`March 14, 2022
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`February 28, 2022
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`February 21, 2022
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`February 14, 2022
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`February 14, 2022
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`January 31, 2022
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`January 31, 2022
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`December 27, 2021
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`Mediation to be completed
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`File Amended Pleadings
`(It is not necessary to file a Motion for Leave to
`Amend before the deadline to amend pleadings. It is
`necessary to file a Motion for Leave to Amend after
`the amended pleadings date set forth herein.)
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`Discovery Deadline
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`Deadline to File Motions to Compel Regarding
`Discovery Disputes.
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`Defendant to designate Expert Witnesses3
`Expert witness report due
`Refer to Local Rules for required information
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`Plaintiff to Designate Expert Witnesses4
`Expert witness report due
`Refer to Local Rules for required information
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`Privilege Logs to be exchanged by parties (or a letter
`to the Court stating that there are no disputes as to
`claims of privileged documents).
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`Join Additional Parties
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`OTHER LIMITATIONS
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`1.
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`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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`3 Plaintiffs who are also Counterclaim Defendants, as well as third-party Counterclaim Defendants, shall
`designate Expert Witnesses specific to such counterclaims at this deadline.
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` Defendants who are also Counterclaim Plaintiffs shall designate Expert Witnesses specific to such
`counterclaims at this deadline.
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` 4
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`3
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`Petitioner Samsung Ex-1047, 0003
`
`

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`2.
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`5.
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`6.
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`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).
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`The following excuses will not warrant a continuance nor justify a failure to comply
`with the discovery deadline:
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`(a)
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`(b)
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`(c)
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`The fact that there are motions for summary judgment or motions to dismiss
`pending;
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`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;
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`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.
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`Mediation shall be attended, in person, by named parties (if an individual) or by
`a fully authorized representative (if not an individual) and by lead counsel. Third
`party insurance carriers who may be obligated to indemnify a named party and/or
`who owe a defense to any party shall also attend mediation, in person, by means
`of a fully authorized representative. Non-compliance with these directives shall
`be considered an intentional failure to mediate in good faith.
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`Any motion to alter any date on the DCO shall take the form of motion to amend
`the DCO. The motion to amend the DCO shall include a proposed order that lists
`all of the remaining dates in one column (as above) and the proposed changes to
`each date in an additional adjacent column (if there is no change for a date the
`proposed date column should remain blank or indicate that it is unchanged). In
`other words, the DCO in the proposed order should be complete such that one can
`clearly see all the remaining deadlines and the changes, if any, to those deadlines,
`rather than needing to also refer to an earlier version of the DCO.
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`Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which
`provides that “[o]n the first appearance through counsel, each party shall designate
`a lead attorney on the pleadings or otherwise.” Additionally, once designated, a
`party’s lead attorney may only be changed by the filing of a Motion to Change
`Lead Counsel and thereafter obtaining from the Court an Order granting leave to
`designate different lead counsel.
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`
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`4
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`Petitioner Samsung Ex-1047, 0004
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`

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`Case 2:21-cv-00138-JRG Document 19 Filed 08/25/21 Page 5 of 5 PageID #: 107
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`5
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 25th day of August, 2021.
`
`Petitioner Samsung Ex-1047, 0005
`
`