Case 2:21-cv-00080-JRG-RSP Document 177 Filed 11/23/21 Page 1 of 4 PageID #: 3621
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CA, INC. and AVAGO TECHNOLOGIES
`INTERNATIONAL SALES PTE. LIMITED,
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` Plaintiff,
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`v.
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`NETFLIX, INC.,
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` Defendant.
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`Case No. 2:21-cv-00080-JRG-RSP
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`S ECOND AMENDED DOCKET CONTROL ORDER
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`Before the Court is the Joint Motion to Amend the Amended Docket Control Order filed
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`by Plaintiffs CA, Inc. and Avago Technologies International Sales Pte. Limited and Defendant
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`Netflix, Inc. Dkt. No. 175. The parties seek additional time to file dispositive motions and
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`responses to those dispositive motions. Id.
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`After due consideration, the Court GRANTS the Motion. In accordance with the granted
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`Motion, it is hereby ORDERED that the following schedule of deadlines is in effect until further
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`order of this Court:
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`Prior Date
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`New Date
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`Apr. 18, 2022
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`Unchanged
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`Mar. 21, 2022
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`Unchanged
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`Mar. 15, 2022
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`Unchanged
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`EVENT
`*Jury Selection – 9:00 a.m. in Marshall, Texas before
`Judge Rodney Gilstrap
`*If a juror questionnaire is to be used, an editable (in
`Microsoft Word format) questionnaire shall be jointly
`submitted to the Deputy Clerk in Charge by this date.1
`*Pretrial Conference – 9:00 a.m. in Marshall, Texas
`before Judge Roy Payne
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`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires
`in Advance of Voir Dire.
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`– 1 –
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`Netflix, Inc. - Ex. 1042, Page 000001
`IPR2021-01319 (Netflix, Inc. v. CA, Inc.)
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`Case 2:21-cv-00080-JRG-RSP Document 177 Filed 11/23/21 Page 2 of 4 PageID #: 3622
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`Mar. 7, 2022
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`Mar. 7, 2022
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`Feb. 28, 2022
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`Feb. 22, 2022
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`Feb. 22, 2022
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`Feb. 14, 2022
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`Jan. 31, 2022
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`Jan. 24, 2022
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`Unchanged
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`*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
`*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.
`File Motions in Limine
`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.
`Feb. 23, 2022 Serve Objections to Rebuttal Pretrial Disclosures
`Feb. 18, 2022 Serve Objections to Pretrial Disclosures; and Serve
`Rebuttal Pretrial Disclosures
`Serve Pretrial Disclosures (Witness List, 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.
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`Feb. 23, 2022
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`Feb. 9, 2022
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`Feb. 7, 2022
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`2 The 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.” If
`the deadline under Local Rule CV-7(e) exceeds the deadline for Response to Dispositive Motions,
`the deadline for Response to Dispositive Motions controls.
`– 2 –
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`Netflix, Inc. - Ex. 1042, Page 000002
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`Case 2:21-cv-00080-JRG-RSP Document 177 Filed 11/23/21 Page 3 of 4 PageID #: 3623
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`*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. M otions to extend page limits will only be
`g ranted in exceptional circumstances. Exceptional
`ccircumstances require more than agreement among the
`pparties.
`Jan. 19, 2022 Deadline to Complete Expert Discovery
`Jan. 3, 2022
`Jan. 11, 2022 Serve Disclosures for Rebuttal Expert Witnesses
`Dec. 20, 2021
`Nov. 29, 2021 Dec. 20, 2021 Serve Disclosures for Expert Witnesses by the Party with
`the Burden of Proof
`Nov. 29, 2021 Dec. 15, 2021 Deadline to Complete Fact Discovery and File Motions to
`Compel Discovery
`(*) indicates a deadline that cannot be changed without showing good cause. Good cause is
`not shown merely by indicating that the parties agree that the deadline should be changed.
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`Jan. 10, 2022
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`Jan. 24, 2022
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`ADDITIONAL REQUIREMENTS
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`M ediation: While certain cases may benefit from mediation, such may not be appropriate for
`every case. The Court finds that the Parties are best suited to evaluate whether mediation will
`benefit the case after the issuance of the Court’s claim construction order. Accordingly, the Court
`ORDERS the Parties to file a Joint Notice indicating whether the case should be referred for
`mediation w ithin fourteen days of the issuance of the Court’s claim construction order. As a
`part of such Joint Notice, the Parties should indicate whether they have a mutually agreeable
`mediator for the Court to consider. If the Parties disagree about whether mediation is appropriate,
`the Parties should set forth a brief statement of their competing positions in the Joint Notice.
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`S ummary Judgment Motions, Motions to Strike Expert Testimony, and Daubert Motions:
`For each motion, the moving party shall provide the Court with two (2) hard copies of the
`completed briefing (opening motion, response, reply, and if applicable, sur-reply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and
`must include the CM/ECF header. These copies shall be delivered to the Court within three (3)
`business days after briefing has completed. For expert-related motions, complete digital copies of
`the relevant expert report(s) and accompanying exhibits shall be submitted on a single flash drive
`to the Court. Complete digital copies of the expert report(s) shall be delivered to the Court no later
`than the dispositive motion deadline.
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`I ndefiniteness: In lieu of early motions for summary judgment, the parties are directed to include
`any arguments related to the issue of indefiniteness in their Markman briefing, subject to the local
`rules’ normal page limits.
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`– 3 –
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`Netflix, Inc. - Ex. 1042, Page 000003
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`Case 2:21-cv-00080-JRG-RSP Document 177 Filed 11/23/21 Page 4 of 4 PageID #: 3624
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`M otions for Continuance: 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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`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,
`(b)
`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
`(c)
`was impossible to complete discovery despite their good faith effort to do so.
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`A mendments to the Docket Control Order (“DCO”): Any motion to alter any date on the DCO
`shall take the form of a 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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`P roposed DCO: The Parties’ Proposed DCO should also follow the format described above under
`“Amendments to the Docket Control Order (‘DCO’).”
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`J oint Pretrial Order: In the contentions of the Parties included in the Joint Pretrial Order, the
`Plaintiff shall specify all allegedly infringed claims that will be asserted at trial. The Plaintiff shall
`also specify the nature of each theory of infringement, including under which subsections of 35
`U.S.C. § 271 it alleges infringement, and whether the Plaintiff alleges divided infringement or
`infringement under the doctrine of equivalents. Each Defendant shall indicate the nature of each
`theory of invalidity, including invalidity for anticipation, obviousness, subject-matter eligibility,
`written description, enablement, or any other basis for invalidity. The Defendant shall also specify
`each prior art reference or combination of references upon which the Defendant shall rely at trial,
`with respect to each theory of invalidity. The contentions of the Parties may not be amended,
`supplemented, or dropped without leave of the Court based upon a showing of good cause.
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`– 4 –
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`____________________________________
`ROY S. PAYNE
`UNITED STATES MAGISTRATE JUDGE
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`SIGNED this 3rd day of January, 2012.
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`SIGNED this 23rd day of November, 2021.
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`Netflix, Inc. - Ex. 1042, Page 000004
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