Match Group, LLC v. Bumble Trading Inc.

Western District of Texas, txwd-6:2018-cv-00080

Exhibit E

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Exhibit E IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS [MARSHALL / TYLER / TEXARKANA] DIVISION [PLAINTIFF][, et al.,] § § Case No. [2 / 6 / 5]:00-CV-000-[JRG / v. § RSP / JDL / KNM / CMC] § [DEFENDANT][, et al.] § SAMPLE DOCKET CONTROL ORDER FOR PATENT CASES ASSIGNED TO JUDGE RODNEY GILSTRAP AND JUDGE ROY PAYNE In accordance with the scheduling conference held in this case, it is hereby ORDERED that the following schedule of deadlines is in effect until further order of this Court: Date Provided by the *Jury Selection – 9:00 a.m. in [Marshall / Tyler / Texarkana], Court Texas 5 Weeks Before Jury *Pretrial Conference – _______ [a.m. / p.m.] in [Marshall / Tyler / Selection Texarkana], Texas before [Judge Rodney Gilstrap / Judge Roy Payne / Judge John Love / Judge Nicole Mitchell/ Judge Caroline Craven] 6 Weeks Before Jury *Notify Deputy Clerk in Charge regarding the date and time by Selection which juror questionnaires shall be presented to accompany by jury summons if the Parties desire to avail themselves the benefit of using juror questionnaires 1 6 Weeks Before Jury *Notify Court of Agreements Reached During Meet and Confer Selection 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. 6 Weeks Before Jury *File Joint Pretrial Order, Joint Proposed Jury Instructions, Joint Selection Proposed Verdict Form, Responses to Motions in Limine, Updated Exhibit Lists, Updated Witness Lists, and Updated Deposition Designations 1 The Parties are referred to the Court's Standing Order Regarding Use of Juror Questionnaires in Advance of Voir Dire. 7 Weeks Before Jury *File Notice of Request for Daily Transcript or Real Time Reporting. Selection 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. 8 Weeks Before Jury File Motions in Limine Selection 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. 8 Weeks Before Jury Serve Objections to Rebuttal Pretrial Disclosures Selection 9 Weeks Before Jury Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial Selection Disclosures 11 Weeks Before Jury Serve Pretrial Disclosures (Witness List, Deposition Designations, Selection and Exhibit List) by the Party with the Burden of Proof 12 Weeks Before Jury *Response to Dispositive Motions (including Daubert Motions). Selection 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. 14 Weeks Before Jury *File Motions to Strike Expert Testimony (including Daubert Selection Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court. 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- 14 Weeks Before Jury *File Dispositive Motions Selection 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. 15 Weeks Before Jury Deadline to Complete Expert Discovery Selection 17 Weeks Before Jury Serve Disclosures for Rebuttal Expert Witnesses Selection 20 Weeks Before Jury Deadline to Complete Fact Discovery and File Motions to Compel Selection Discovery 20 Weeks Before Jury Serve Disclosures for Expert Witnesses by the Party with the Burden Selection of Proof 4 Weeks After Claim Deadline to Complete Mediation Construction Hearing The parties are responsible for ensuring that a mediation report is filed no later than 5 days after the conclusion of mediation. 3 Weeks After Claim Comply with P.R. 3-7 (Opinion of Counsel Defenses) Construction Hearing Date Provided by the *Claim Construction Hearing – _______ [a.m. / p.m.] in [Marshall Court / Tyler / Texarkana], Texas before [Judge Rodney Gilstrap / Judge Roy Payne / Judge John Love / Judge Nicole Mitchell/ Judge Caroline Craven] 2 Weeks Before Claim *Comply with P.R. 4-5(d) (Joint Claim Construction Chart) Construction Hearing 3 Weeks Before Claim *Comply with P.R. 4-5(c) (Reply Claim Construction Brief) Construction Hearing 4 Weeks Before Claim Comply with P.R. 4-5(b) (Responsive Claim Construction Brief) Construction Hearing -3- 6 Weeks Before Claim Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and Construction Hearing Submit Technical Tutorials (if any) Good cause must be shown to submit technical tutorials after the deadline to comply with P.R. 4-5(a). 6 Weeks Before Claim Deadline to Substantially Complete Document Production and Construction Hearing 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. 8 Weeks Before Claim Comply with P.R. 4-4 (Deadline to Complete Claim Construction Construction Hearing Discovery) 9 Weeks Before Claim File Response to Amended Pleadings Construction Hearing 11 Weeks Before Claim *File Amended Pleadings Construction Hearing It is not necessary to seek leave of Court to amend pleadings prior to this deadline unless the amendment seeks to assert additional patents. 12 Weeks Before Claim Comply with P.R. 4-3 (Joint Claim Construction Statement) Construction Hearing 15 Weeks Before Claim Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions) Construction Hearing 18 Weeks Before Claim Comply with P.R. 4-1 (Exchange Proposed Claim Terms) Construction Hearing 6 Weeks After Comply with P.R. 3-3 & 3-4 (Invalidity Contentions) Scheduling Conference 3 Weeks After *File Proposed Protective Order and Comply with Paragraphs 1 & 3 Scheduling Conference of the Discovery Order (Initial and Additional Disclosures) The Proposed Protective Order shall be filed as a separate motion with the caption indicating whether or not the proposed order is opposed in any part. -4- 2 Weeks After *File Proposed Docket Control Order and Proposed Discovery Order Scheduling Conference The Proposed Docket Control Order and Proposed Discovery Order shall be filed as separate motions with the caption indicating whether or not the proposed order is opposed in any part. 1 Week After Join Additional Parties Scheduling Conference 3 Days After *File Notice of Mediator Scheduling Conference 2 Weeks Before Comply with P.R. 3-1 & 3-2 (Infringement Contentions) Scheduling Conference (*) 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) 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 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. 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; -5- (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')." -6-