Case 2:16-cv-00992-JRG Document 154 Filed 06/12/17 Page 1 of 5 PageID #: 1218
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Case No. 2:16-cv-00992-JRG
`LEAD CASE
`
`Case No. 2:16-cv-00989-JRG
`Case No. 2:16-cv-00993-JRG
`
`Case No. 2:16-cv-00994-JRG
`
`Case No. 2:16-cv-00991-JRG
`Case No. 2:16-cv-00696-JRG
`
`§
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`§§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`UNILOC USA, INC., et al,
`Plaintiffs,
`
`v.
`
`MOTOROLA MOBILITY LLC,
`HTC AMERICA, INC.,
`ZTE (USA), INC. and ZTE (TX), INC.,
`HUAWEI DEVICE USA, INC. and
`HUAWEI DEVICE CO., LTD.,
`LG ELECTRONICS USA, INC.,
`LG ELECTRONICS, INC., and
`LG ELECTRONICS MOBILECOMM
`USA, INC.,
`SNAP INC.
`Defendants.
`
`FIRST AMENDED DOCKET CONTROL ORDER
`
`It is hereby ORDERED that the following schedule of deadlines is in effect until further
`
`order of this Court:
`
`REVISED
`DATE (if any)
`
`ORIGINAL
`DATE1
`June 4, 2018
`
`May 21, 2018
`
`May 2, 2018
`
`*Jury Selection - 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`*Pretrial Conference - 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`*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.
`
`1 See Dkt. No. 95. The pretrial conference date was reset pursuant to a May 2, 2017 notice on the
`docket.
`
`

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`Case 2:16-cv-00992-JRG Document 154 Filed 06/12/17 Page 2 of 5 PageID #: 1219
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`ORIGINAL
`DATE1
`April 30, 2018
`
`REVISED
`DATE (if any)
`
`April 23, 2018
`
`April 16, 2018
`
`April 16, 2018
`April 2, 2018
`
`March 26, 2018
`
`February 26,
`2018
`
`February 26,
`2018
`
`February 26,
`2018
`February 15,
`2018
`
`*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, Shelly Holmes at
`shelly_holmes@txed.uscourts.gov.
`File Motions in Limine
`
`The parties shall limit their motions in limine to issues that
`if improperly introduced at trial would he so prejudicial that
`the Court could not alleviate the prejudice by giving
`appropriate instructions to the jury.
`Serve Objections to Rebuttal Pretrial Disclosures
`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
`*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 court.
`*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 for Rebuttal Expert Witnesses
`
`2
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`

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`Case 2:16-cv-00992-JRG Document 154 Filed 06/12/17 Page 3 of 5 PageID #: 1220
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`Deadline to Complete Fact Discovery and File Motions to
`Compel Discovery
`Serve Disclosures for Expert Witnesses by the Party with
`the Burden of Proof
`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.
`laim Construction Hearing – 1:30 p.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`*C
`
`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
`
`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
`
`Comply with P.R. 4-5(b) (Responsive Claim Construction
`Brief)
`Comply with P.R. 4-5(a) (Opening Claim Construction
`Brief) and Submit Technical Tutorials (if any)
`
`ORIGINAL
`DATE1
`January 15,
`2018
`January 15,
`2018
`November 17,
`2017
`
`REVISED
`DATE (if any)
`
`December 8,
`2017
`
`November 17,
`2017
`
`October 20,
`2017
`November 10,
`2017
`October 6, 2017 November 3,
`2017
`October 30,
`2017
`October 23,
`2017
`September 25,
`2017
`
`September 29,
`2017
`September 22,
`2017
`August 25,
`2017
`
`Good cause must be shown to submit technical tutorials
`after the deadline to comply with P.R. 4-5(a).
`Comply with P.R. 4-4 (Deadline to Complete Claim
`Construction Discovery)
`
`September 18,
`2017
`
`August 18,
`2017
`
`September 8,
`2017
`
`August 25,
`2017
`
`July 28, 2017
`
`August
`
`18, 2017
`
`August 4, 2017
`
`
`Deadline to Substantially Complete Document Production
`and Exchange Privilege Logs
`
`Counsel are expected to make good faith efforts to produce
`all required documents as soon as they are available and not
`wait until the substantial completion deadline.
`Comply with P.R. 4-3 (Joint Claim Construction Statement)
`
`File
`
`Response
`
`to
`
`Amended
`
`Pleadings
`
`* File Amended Pleadings
`
`
`
`
`It is not necessary to seek leave of Court to amend pleadings
`prior to this deadline unless the amendment seeks to assert
`additional patents.
`
`3
`
`

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`Case 2:16-cv-00992-JRG Document 154 Filed 06/12/17 Page 4 of 5 PageID #: 1221
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`ORIGINAL
`DATE1
`June 30, 2017
`
`REVISED
`DATE (if any)
`July 28, 2017
`
`June 9, 2017
`
`July 7, 2017
`
`Comply with P.R. 4-2 (Exchange Preliminary Claim
`Constructions)
`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
`
`(*) 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.
`ADDITIONAL REQUIREMENTS
`
`Notice of Mediator: The parties are to jointly file a notice that identifies the agreed upon
`mediator or indicates that no agreement was reached. If the parties do not reach an agreement,
`the Court will appoint a mediator. The parties should not file a list of mediators to be considered
`by the Court.
`
`Summary Judgment Motions, Motions to Strike Expert Testimony, and Daubert
`Motions: For each motion, the moving party shall provide the Court with two (2) copies of the
`completed briefing (opening motion, response, reply, and if applicable, surreply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and
`must include the CM/ECF header. For expert-related motions, complete digital copies of the
`relevant expert report(s) and accompanying exhibits shall submitted on a single flash drive.
`These copies shall be delivered as soon as briefing has completed. Indefiniteness: 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.
`
`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
`(a)
`The fact that there are motions for summary judgment or motions to dismiss pending;
`(b)
`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;
`
`(c)
`
`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.
`
`Amendments 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.
`
`Proposed DCO: The Parties' Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘DCO’).”
`
`4
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`Case 2:16-cv-00992-JRG Document 154 Filed 06/12/17 Page 5 of 5 PageID #: 1222
`Case 2:16-cv-00992-JRG Document 154 Filed 06/12/17 Page 5 of 5 PagelD #: 1222
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`So Ordered this
`
`Jun 12, 2017
`
`
`
`RODNEY GIL RAP
`
`UNITED STAT
`
`DISTRICT JUDGE
`
`5
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`