Case 3:22-cv-02868-S Document 29 Filed 05/17/23 Page 1 of 5 PageID 442
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`
`R2 SOLUTIONS LLC
`
`
`v.
`
`7-ELEVEN, INC.
`
`
`
`
`
`
`
`
`
`
`
`
`
` CIVIL ACTION NO. 3:22-CV-2868-S
`
`
`
`§
`§
`§
`§
`§
`
`
`
`SCHEDULING ORDER
`
`
`
`
`Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure (“FRCP”), the Local Civil
`
`Rules of the United States District Court for the Northern District of Texas (“LR”), and the Civil
`
`Justice Expense and Delay Reduction Plan of the United States District Court for the Northern
`
`District of Texas, the Court ORDERS as follows:
`
`1.
`
`This case is set for JURY trial on the Court’s three-week docket beginning
`
`January 27, 2025 (“Trial Setting”). Trial may commence any time during this three-week
`
`docket. If the case is not reached at this setting, it will be reset after considering input from the
`
`parties. Reset or continuance of the Trial Setting does not alter the deadlines in this Order unless
`
`expressly provided by court order.
`
`2.
`
`The parties shall mediate this case before Hon. David Folsom (Ret.) (“Mediator”)
`
`at least 90 days before the Trial Setting. The parties may not eliminate this requirement or
`
`substitute the Mediator except by leave of court. All parties must attend the mediation in person
`
`or by videoconference, as directed by the Mediator. Legal entities must provide a representative
`
`with full authority. If there is insurance involved, a representative with full authority must attend.
`
`The Mediator shall contact the Court directly if this deadline needs to be extended or if other
`
`requirements need to be altered.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`
`R2 SOLUTIONS LLC
`
`
`v.
`
`7-ELEVEN, INC.
`
`
`
`
`
`
`
`
`
`
`
`
`
` CIVIL ACTION NO. 3:22-CV-2868-S
`
`
`
`§
`§
`§
`§
`§
`
`
`
`SCHEDULING ORDER
`
`
`
`
`Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure (“FRCP”), the Local Civil
`
`Rules of the United States District Court for the Northern District of Texas (“LR”), and the Civil
`
`Justice Expense and Delay Reduction Plan of the United States District Court for the Northern
`
`District of Texas, the Court ORDERS as follows:
`
`1.
`
`This case is set for JURY trial on the Court’s three-week docket beginning
`
`January 27, 2025 (“Trial Setting”). Trial may commence any time during this three-week
`
`docket. If the case is not reached at this setting, it will be reset after considering input from the
`
`parties. Reset or continuance of the Trial Setting does not alter the deadlines in this Order unless
`
`expressly provided by court order.
`
`2.
`
`The parties shall mediate this case before Hon. David Folsom (Ret.) (“Mediator”)
`
`at least 90 days before the Trial Setting. The parties may not eliminate this requirement or
`
`substitute the Mediator except by leave of court. All parties must attend the mediation in person
`
`or by videoconference, as directed by the Mediator. Legal entities must provide a representative
`
`with full authority. If there is insurance involved, a representative with full authority must attend.
`
`The Mediator shall contact the Court directly if this deadline needs to be extended or if other
`
`requirements need to be altered.
`
`
`
`Case 3:22-cv-02868-S Document 29 Filed 05/17/23 Page 2 of 5 PageID 443
`
`3.
`
`Unless otherwise indicated, the parties may by written agreement alter the
`
`deadlines in this paragraph without the need for court order. Continuance of the Trial Setting,
`
`motion deadline, and/or the final pretrial conference requires leave of court with a showing of
`
`extraordinary good cause. Motions may become moot due to trial if filed after the deadlines in
`
`this Order. Deadlines are as follows:
`
`Date
`
`June 12, 2023
`
`July 28, 2023
`
`
`August 18, 2023
`
`
`September 8, 2023
`
`
`Event
`
`Plaintiff to serve disclosure of asserted
`claims and preliminary infringement
`contentions (Misc. Order No. 62, 3-1)
`and 3-2 Document Production.
`
`Preliminary Invalidity Contentions to be
`served and 3-4 document production.
`
`Parties to exchange a list of claim terms,
`phrases, or clauses that the party
`contends should be construed (Misc.
`Order No. 62, 4-1).
`Parties to exchange a preliminary
`proposed construction of each claim
`term, phrase, or clause that the parties
`collectively have identified for claim
`construction purposes, and must also
`identify each structure, act, or material
`corresponding to each claim element that
`the parties collectively contend is
`governed by 35 U.S.C. § 112(f).
`
`At the same time the parties exchange
`their respective preliminary claim
`constructions, they must each also
`exchange a preliminary identification of
`extrinsic evidence (4-2(b)).
`
`2
`
`
`
`Case 3:22-cv-02868-S Document 29 Filed 05/17/23 Page 3 of 5 PageID 444
`
`September 15, 2023
`
`
`October 13, 2023
`
`October 27, 2023
`
`November 17, 2023
`
`December 1, 2023, 2023
`
`December 15, 2023
`
`January 12, 2024
`[Within 10 days of claim
`construction hearing]
`
`January 24, 2024
`at 9:00 a.m.
`
`March 15, 2024
`
`May 24, 2024
`
`June 28, 2024
`
`July 26, 2024
`
`August 30, 2024
`
`Complete and file a joint claim
`construction and prehearing statement.
`
`Each party shall also simultaneously
`serve a disclosure of expert testimony
`consistent with Fed. R. Civ. P.
`26(a)(2)(B) or 26(a)(2)(C), as applicable,
`for any expert on which it intends to rely
`to support its proposed claim
`construction or indefiniteness positions
`or to oppose any other party’s proposed
`claim construction or indefiniteness
`positions.
`
`Completion date for discovery on claim
`construction.
`Defendant’s opening claim construction
`brief.
`Plaintiff’s responsive claim construction
`briefs.
`Defendant’s reply claim construction
`brief.
`Plaintiff’s sur-reply claim construction
`brief.
`Parties to file joint claim construction
`and chart as the presiding judge may
`direct.
`
`Proposed Claim Construction Hearing
`
`
`Discovery closes; discovery requests
`must be commenced in time to permit
`response by this date.
`
`Disclosure of experts for the party with
`burden of proof.
`
`Disclosure of opposing experts.
`
`Disclosure of rebuttal experts.
`
`Close of expert discovery
`
`3
`
`
`
`Case 3:22-cv-02868-S Document 29 Filed 05/17/23 Page 4 of 5 PageID 445
`
`September 30, 2024
`
`October 29, 2024
`[90 days before Trial Setting]
`
`January 6, 2025 [21 days before
`the Trial Setting]
`
`January 16, 2025 [5 days before
`the final pretrial conference]
`
`January 21, 2025
`
`January 27, 2025
`
`
`All dispositive motions, including any
`objections to expert testimony. This
`deadline must be at least 120 days
`before trial. Parties may not alter by
`agreement this deadline for dispositive
`motions or motions to strike expert
`testimony.
`Mediation deadline.
`
`The parties shall file all pretrial
`materials.
`
`Objections to the proposed jury charge.
`
`Pretrial conference.
`
`Trial Setting
`
`
`
`4.
`
`A motion or objection to the taking of a deposition that is filed within five
`
`business days of the notice has the effect of staying the deposition pending court order on the
`
`motion or objection; otherwise, the deposition will not be stayed except by court order.
`
`5.
`
`The parties shall file all pretrial materials 21 days before the Trial Setting. Failure
`
`to timely file pretrial materials may result in dismissal for want of prosecution. Pretrial materials
`
`shall include the following:
`
`a.
`
`b.
`
`c.
`
`Pretrial order pursuant to LR 16.4;
`
`Exhibit lists, witness lists, and deposition designations pursuant to LR
`26.2 and FRCP 26(a)(3). Witness lists should include a brief summary of
`the substance of anticipated testimony (not just a designation of subject
`area) and the likelihood of testimony at trial. Exhibit lists must include any
`materials to be shown to the jury, including demonstrative aids;
`
`Proposed jury charge or proposed findings of fact and conclusions of law.
`Such documents shall be both e-filed and emailed in “Word” format to
`Scholer_Orders@txnd.uscourts.gov. Any objections to the proposed jury
`
`4
`
`
`
`Case 3:22-cv-02868-S Document 29 Filed 05/17/23 Page 5 of 5 PageID 446
`
`charge shall be filed no later than 5 days before the final pretrial
`conference on Thursday, January 16, 2025. Objections not so disclosed are
`waived unless excused by the Court for good cause;
`
`d.
`
`e.
`
`Motions in limine;
`
`Requested voir dire questions.
`
`6.
`
`The pretrial conference shall be held on Tuesday, January 21, 2025, at 1:30
`
`p.m. Lead counsel must attend. The parties shall be prepared to address all exhibits, witnesses,
`
`deposition excerpts, motions in limine, trial briefs, requested voir dire questions, and any
`
`objections to such filings. The Court expects the parties to have conferred and to reach
`
`agreement where possible prior to the final pretrial conference.
`
`SO ORDERED.
`
`SIGNED May 17, 2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`____________________________________
`KAREN GREN SCHOLER
`UNITED STATES DISTRICT JUDGE
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
