Case 5:24-cv-00011-RWS-JBB Document 16 Filed 04/23/24 Page 1 of 4 PageID #: 232
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`MONUMENT PEAK VENTURES, LLC,
` Plaintiff,
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`v.
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`TCL ELECTRONICS HOLDINGS LTD.,
`TCL TECHNOLOGY GROUP
`CORPORATION, TCL INDUSTRIES
`HOLDINGS CO., LTD., TCL
`COMMUNICATION TECHNOLOGY
`HOLDINGS LIMITED, TCT MOBILE
`WORLDWIDE LTD., TCT MOBILE
`INTERNATIONAL LTD., HUIZHOU TCL
`MOBILE COMMUNICATION CO. LTD.,
`AND TCL COMMUNICATION LTD.
` Defendants.
`
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`§
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`§
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`§
`§ No. 5:24-CV-00011-RWS-JBB
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`§
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`AMENDED ORDER1
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`This case is set for a telephone scheduling conference on May 1, 2024, at 10:00 a.m.
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`before U. S. Magistrate Judge J. Boone Baxter. Counsel and all unrepresented parties must
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`appear via telephone. Number: 571-353-2301, Guest ID: 870645889. The purpose of
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`the scheduling conference will be to confirm the trial setting and to resolve any case management
`disputes or concerns.
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`Parties that are proceeding without an attorney are bound by the requirements imposed
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`upon counsel in this Order. Plaintiff’s counsel must immediately notify the Court upon settlement.
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`1 The April 15, 2024 Order setting this case for a live scheduling conference is amended to reflect that the scheduling
`conference, if warranted after review of the parties’ Joint Conference Report, will be held telephonically.
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`Case 5:24-cv-00011-RWS-JBB Document 16 Filed 04/23/24 Page 2 of 4 PageID #: 233
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`No later than one week before the scheduling conference, the parties shall file a Joint
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`Conference Report that reflects the parties’ case management plan.2
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`The Joint Conference Report must also contain the following information:
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`a. State where and when the conference among the parties required by Federal Rule of
`Civil Procedure 26(f) was held, and identify the counsel who attended for each party,
`including name, address, bar number, phone and fax numbers, and email address.
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`b. List the name, bar number, address, email address, and telephone number of counsel
`and any unrepresented person who will appear at the Scheduling Conference on behalf
`of the parties. Appearing counsel must be an attorney of record, have full authority to
`bind clients and enter into stipulations regarding all matters that may be discussed.
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`c. List the correct names of the parties to this action.
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`d. List any related cases pending in any state or federal court. Include the case numbers,
`the courts, and how they are related.
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`e. Briefly describe in 3 pages or less: (a) What this case is about and (b) Each claim or
`defense.
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`f. Specify the basis of federal jurisdiction.
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`g. Identify the parties who disagree with Plaintiff’s jurisdictional allegations and state the
`reasons for disagreement.
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`h. List anticipated additional parties that may be included, when they might be added and
`by whom.
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`j.
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`i. State whether the parties are exempt from initial disclosures under Rule 26(a)(1)(B).
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`If the parties disagree on any part of the discovery plan or case schedule, describe the
`opposing views.
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`k. State whether the parties request entry of a Protective Order or E-Discovery Order to
`govern this case.
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`l. State the progress made toward settlement, if any, and the present status of settlement
`negotiations.
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`2 Timely submission of the parties’ joint conference report with attached proposed docket control order and proposed
`discovery order will be viewed by the Court as complying with the conference requirement of Rule 26(f).
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`Case 5:24-cv-00011-RWS-JBB Document 16 Filed 04/23/24 Page 3 of 4 PageID #: 234
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`m. If the parties have already agreed on a specific mediator, state the name and address of
`the mediator and at what stage of the litigation mediation would be most appropriate.
`In the event the parties are not able to agree at this time on whether they want to mediate
`and/or on the name of a specific mediator, the Court notes that its sample docket control
`order provides a deadline for the parties to inform the Court as to whether they agree
`to mediate, and if so, to file a joint motion indicating a deadline for such mediation and
`also whether the parties have agreed upon a mediator.
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`n. United States Magistrate Judges are vested with full authority to try both jury and
`nonjury trials. State whether the parties agree to trial before a United States Magistrate
`Judge.
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`o. State whether a jury demand has been made and if it was made on time.
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`p. Specify the approximate number of hours each party will need to present evidence and
`cross-examine witnesses in the trial of this case.
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`q. List all pending motions.
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`r. Indicate other matters peculiar to this case, including discovery, that deserve the special
`attention of the Court at the Scheduling Conference. The parties shall also advise as
`to whether they think the scheduling conference is warranted or whether the
`Court can enter the parties’ proposals without having the telephonic scheduling
`conference.
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`The parties shall prepare and attach to the Joint Conference Report a joint proposed docket
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`control order and a joint proposed discovery order. The parties may also submit a joint proposed
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`protective order and Patent E-Discovery Order. The parties shall use the sample orders for patent
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`cases that can be found on the undersigned’s website. To the extent the parties request changes to
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`the sample orders, the parties should also submit a second redlined version of any such proposed
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`orders showing deviations from the sample orders.
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`The sample orders include provisions that require input from the parties. The sample orders
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`also include provisions that are mandatory and are not subject to change without showing good
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`cause. Good cause shall not be considered to be met simply by an indication of the parties’
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`Case 5:24-cv-00011-RWS-JBB Document 16 Filed 04/23/24 Page 4 of 4 PageID #: 235
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`agreement. Should either party believe good cause can be shown to alter an otherwise mandatory
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`provision, then such party shall indicate its position within the Joint Conference Report.
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`Furthermore, it is hereby ORDERED that the following schedule of deadlines shall be
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`incorporated into the proposed docket control order:
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`Jury Selection and
`Trial
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`*September 22, 2025 at 9:00 a.m. in Texarkana, TX before U.S.
`District Judge Robert W. Schroeder, III.
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`Pre-trial Conference
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`*August 28, 2025 at 10:00 a.m. in Texarkana, TX before U.S.
`Magistrate Judge J. Boone Baxter.
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`Dispositive Motion
`Deadline
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`Markman Hearing
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`*April 10, 2025
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`*October 10, 2024 at 10:00 a.m. in Texarkana, Texas before
`Magistrate Judge J. Boone Baxter
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`7 Days Before
`Scheduling Conference
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`File Proposed Docket Control Order, Proposed Discovery Order, and
`Protective Order/E-Discovery Order, if warranted, attached as
`exhibits to the Joint Conference Report.
`Any disputes should be redlined and each party’s position explained.
`(*) 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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`IT IS SO ORDERED.
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`____________________________________
`J. Boone Baxter
`UNITED STATES MAGISTRATE JUDGE
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`SIGNED this the 23rd day of April, 2024.
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