Match Group, LLC v. Bumble Trading Inc.

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

Exhibit G

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0 Exhibit G 0 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION [PLAINTIFF] § § Plaintiff § § vs. § CAUSE NO. X:XX-CV-XXX § [DEFENDANT][, et al.] § § Defendants. § DOCKET CONTROL ORDER It is hereby ORDERED that the following schedule of deadlines is in effect until further order of this Court: 3 DAYS after Parties to file Motion to Seal Trial Exhibits, if they wish to seal any highly conclusion of Trial confidential exhibits. EXHIBITS: See Order Regarding Exhibits below. Trial Date 9:00 a.m. JURY TRIAL before [Presiding Judge], 211 W. Ferguson St., 3rd Floor, Tyler, Texas. To be assigned by the Court Court designated date – not For planning purposes, parties shall be prepared to start the evidentiary flexible without good cause phase of trial immediately following jury selection. - Motion Required To be assigned by the 9:00 a.m. JURY SELECTION before [Presiding Judge], 211 W. Court Ferguson St., Tyler, Texas. Court designated date – not flexible without good cause - Motion Required To be assigned by the 9:00 a.m. PRETRIAL CONFERENCE before Judge K. Nicole Mitchell, Court 211 W. Ferguson St., Rm. 353, Tyler, Texas. Court designated date – not Discuss trial logistics and voir dire procedure. Resolve any pending motions flexible without good cause or objections. - Motion Required Lead trial counsel must attend the pretrial conference. 1 week before pretrial File a Notice of Time Requested for (1) voir dire, (2) opening statements, (3) direct and cross examinations, and (4) closing arguments. 0 1 week before pretrial File Responses to Motions in Limine. 2 weeks before pretrial File Motions in Limine and pretrial objections. The parties are ORDERED to meet and confer to resolve any disputes before filing any motion in limine or objection to pretrial disclosures. 2 weeks before pretrial File Joint Final Pretrial Order, Joint Proposed Jury Instructions with citation to authority and Form of the Verdict for jury trials. Parties shall use the pretrial order form on Judge Schroeder's website if trial is set before Judge Schroeder. Proposed Findings of Fact and Conclusions of Law with citation to authority for issues tried to the bench. 3 weeks before pretrial Exchange Objections to Rebuttal Deposition Testimony. 4 weeks before pretrial Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings due. If a daily transcript or real time reporting of court proceedings is requested for trial or hearings, the party or parties making said request shall file a notice with the Court. 4 weeks before pretrial Exchange Rebuttal Designations and Objections to Deposition Testimony. For rebuttal designations, cross examination line and page numbers to be included. In video depositions, each party is responsible for preparation of the final edited video in accordance with their parties' designations and the Court's rulings on objections. 6 weeks before pretrial Exchange Pretrial Disclosures (Witness List, Deposition Designations, and Exhibit List) by the Party with the Burden of Proof. Video and Stenographic Deposition Designation due. Each party who proposes to offer deposition testimony shall serve a disclosure identifying the line and page numbers to be offered. To be assigned by the 9:00 a.m. HEARING ON ANY REMAINING DISPOSITIVE Court MOTIONS (INCLUDING DAUBERT MOTIONS) before Judge K. Nicole Mitchell, 211 W. Ferguson St., Rm. 353, Tyler, Texas. Court designated date – not flexible without good cause - Motion Required Page 2 of 9 0 To be assigned by the Any Remaining Dispositive Motions due from all parties and any other Court motions that may require a hearing (including Daubert motions). Court designated date – not Motions shall comply with Local Rule CV-56 and Local Rule CV-7. flexible without good cause Motions to extend page limits will only be granted in exceptional – Motion Required circumstances. Exceptional circumstances require more than agreement among the parties. Respond to Amended Pleadings. 1 week before Dispositive Parties to Identify Rebuttal Trial Witnesses. Motions 2 weeks before Parties to Identify Trial Witnesses; Amend Pleadings (after Markman Dispositive Motions Hearing). It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings. It is necessary to file a Motion for Leave to Amend after the deadline. However, except as provided in Patent Rule 3-6, if the amendment would affect infringement contentions or invalidity contentions, a motion must be made pursuant to Patent Rule 3-6 irrespective of whether the amendment is made prior to this deadline. 3 weeks before Expert Discovery Deadline. Dispositive Motions 6 weeks before Parties designate rebuttal expert witnesses (non-construction issues), Dispositive Motions rebuttal expert witness reports due. Refer to Local Rules for required information. If, without agreement, a party serves a supplemental expert report after the rebuttal expert report deadline has passed, the serving party must file notice with the Court stating service has occurred and the reason why a supplemental report is necessary under the circumstances. 8 weeks before Final Election of Asserted Prior Art. Dispositive Motions 9 weeks before Parties with burden of proof designate expert witnesses (non-construction Dispositive Motions issues). Expert witness reports due. Refer to Local Rules for required information. 9 weeks before Fact discovery deadline. Dispositive Motions 12 weeks before Final Election of Asserted Claims. Dispositive Motions 3 weeks after Markman Comply with P.R. 3-7. (Opinion of Counsel Defenses) hearing To be assigned by the Markman Hearing and hearing on any Motion for Summary Judgment Court of Indefiniteness at 9:00 a.m. before Judge K. Nicole Mitchell, 211 W. Court designated date – not flexible Ferguson St., Rm. 353, Tyler, Texas. without good cause – Motion Required Page 3 of 9 0 2 weeks before Markman P.R. 4-5(d) Chart due. Hearing The parties are to meet and confer and jointly submit a claim construction chart on computer disk in Word format listing each party's proposed construction for each of the terms to be addressed at the Markman hearing, including any terms purported to be indefinite. The parties should prioritize and list the terms in order of most importance; the Court will address the terms in the prioritized order presented in the claim construction chart. 3 weeks before Markman Parties to file a notice with the Court stating the estimated amount of time Hearing requested for the Markman Hearing. The Court will notify the parties if it is unable to accommodate this request. Comply with P.R. 4-5(c) - Reply brief and supporting evidence regarding claim construction due. Plaintiff is to provide the Court with one (1) copy of the completed Markman briefing in its entirety (opening brief, response, and reply) and exhibits in a three-ring binder appropriately tabbed. All documents SHALL be double-sided and must include the CM/ECF header. These copies shall be delivered to Judge Schroeder's chambers in Texarkana as soon as briefing has completed. If a technical advisor has been appointed the moving party is to provide their Markman brief on disk or CD along with a hard copy, tabbed and bound with exhibits to the advisor. 4 weeks before Markman Comply with P.R. 4-5(b) - Responsive claim construction brief and Hearing supporting evidence due. 6 weeks before Markman Comply with P.R. 4-5(a) - The party claiming patent infringement shall Hearing serve and file an opening brief and any evidence supporting its claim construction. Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-5(e). Motions to extend page limits will only be granted in exceptional circumstances. Exceptional circumstances require more than joint agreement among the parties. Tutorials due. Deadline for parties, if they desire, to provide Court with tutorials concerning technology involved in patent(s). The parties shall submit one (1) copy of their tutorials to the Court. If a technical advisor has been appointed, each party that provides a tutorial shall provide a copy to the advisor. Preliminary Election of Asserted Prior Art. 6 weeks before Markman Proposed Technical Advisors due if one has not already been appointed. Hearing Parties to provide name, address, phone number, and curriculum vitae for up to three agreed technical advisors and information regarding the nominees' availability for Markman hearing or a statement that an agreement could not be reached. If the parties cannot agree on a technical advisor, they shall not submit any proposed technical advisors to the Court. If the parties feel a technical advisor is unnecessary, they shall alert the Court at this time. Page 4 of 9 0 8 weeks before Markman Discovery Deadline - Claim Construction Issues. Hearing Preliminary Election of Asserted Claims. 9 weeks before Markman Respond to Amended Pleadings. Hearing 11 weeks before Amended Pleadings (pre-claim construction) due from all parties, Markman Hearing including inequitable conduct allegations. It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings. It is necessary to file a Motion for Leave to Amend after the deadline. However, if the amendment would affect infringement contentions or invalidity contentions, a motion must be made pursuant to Patent Rule 3-6(b) irrespective of whether the amendment is made prior to this deadline. 12 weeks before Comply with P.R. 4-3 - Filing of Joint Claim Construction and Prehearing Markman Hearing Statement. In the P.R. 4-3 filing, the parties shall list the most significant terms according to the parties' priorities, which were agreed upon during the P.R. 4-2 meet and confer, indicating which of those terms will be case or claim dispositive. A maximum of 10 terms will be construed, unless parties have received other instruction from the Court. If the parties cannot agree to the most important 10 terms, the parties shall identify the terms that were agreed upon and then divide the remainder evenly between Plaintiff(s) and Defendant(s). The nonmoving party subject to an indefiniteness challenge must provide a preliminary identification of any expert testimony it intends to rely on in its response to the moving party's indefiniteness challenge. The nonmoving party shall also provide a brief description of that witness' proposed testimony. 15 weeks before Comply with P.R. 4-2 - Exchange of Preliminary Claim Constructions and Markman Hearing Extrinsic Evidence. Privilege Logs to be exchanged by parties (or a letter to the Court stating that there are no disputes as to claims of privileged documents). 18 weeks before Comply with P.R. 4-1 - Exchange Proposed Terms and Claim Elements for Markman Hearing Construction. 6 weeks after Scheduling Comply with P.R. 3-3 and 3-4 - Invalidity Contentions due. Thereafter, Conference except as provided in Patent Rule 3-6(a), it is necessary to obtain leave of Court to add and/or amend invalidity contentions, pursuant to Patent Rule 3-6(b). Defendant shall assert any counterclaims. After this deadline, leave of Court must be obtained to assert any counterclaims. 2 weeks after Docket Deadline to File Motion to Transfer Venue. In the alternative, parties shall Control Order and move for an extension of time to file a motion to transfer. Discovery Order filed 1 week after Scheduling Defendant shall join additional parties. It is not necessary to file a motion Conference to join additional parties prior to this date. Thereafter, it is necessary to obtain leave of Court to join additional parties. Page 5 of 9 0 3 days after Scheduling File Notice of Mediator Conference Parties are encouraged, but not required, to mediate cases. The parties need not include a deadline for mediation unless they have agreed to do so. The parties may jointly file a notice that identifies an agreed upon mediator (with a proposed order appointing the mediator) or indicates that no agreement was reached. If the parties do not reach an agreement, the Court will appoint a mediator if requested. The parties shall confirm the mediator's availability. 1 week before Scheduling Comply with P.R. 3-1 and P.R. 3-2 - Disclosure of Asserted Claims and Conference Infringement Contentions due. Thereafter, except as provided in Patent Rule 3-6(a), it is necessary to obtain leave of Court to add and/or amend infringement contentions, pursuant to Patent Rule 3-6(b). Plaintiff shall join additional parties. It is not necessary to file a motion to join additional parties prior to this date. Thereafter, it is necessary to obtain leave of Court to join additional parties. Plaintiff shall add new patents and/or claims for patents-in-suit. It is not necessary to file a motion to add additional patents or claims prior to this date. Thereafter, it is necessary to obtain leave of Court to add patents or claims. No. of trial days EXPECTED LENGTH OF TRIAL In the event that any of these dates fall on a weekend or Court holiday, the deadline is modified to be the next Court business day. 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." Other Limitations (a) The following excuses will not warrant a continuance or justify a failure to comply with the discovery deadline: (i) The fact that there are motions for summary judgment or motions to dismiss pending; Page 6 of 9 0 (ii) 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; (iii) 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. (b) 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 shall include a chart in the format of the DCO 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). The motion to amend the DCO shall also include a proposed DCO in traditional two-column format that incorporates the requested changes and that also lists all remaining dates. In other words, the DCO in the proposed order should be complete such that one can clearly see all the remaining deadlines rather than needing to also refer to an earlier version of the DCO. (c) 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. (d) Motions in Limine: Each side is limited to one (1) motion in limine addressing no more than ten (10) disputed issues. In addition, the parties may file a joint motion in limine addressing any agreed issues. The Court views motions in limine as appropriate for those things that will create a proverbial "skunk in the jury box," e.g., that, if mentioned in front of the jury before an evidentiary ruling can be made, would be so prejudicial that the Court could not alleviate the prejudice with an appropriate instruction. Rulings on motions in limine do not exclude evidence, but prohibit the party from offering the disputed testimony prior to obtaining an evidentiary ruling during trial. (e) Exhibits: Each side is limited to designating 250 exhibits for trial absent a showing of good cause. The parties shall use the exhibit list sample form on Judge Schroeder's website if trial is set before Judge Schroeder. The parties shall use the exhibit list sample form on Judge Mitchell's website if trial is set before Judge Mitchell. (f) Deposition Designations: Each side is limited to designating no more than ten (10) hours of deposition testimony for use at trial absent a showing of good cause. As trial approaches, if either side needs to designate more than ten (10) hours, the party may file a motion for leave and show good cause. All depositions to be read into evidence as part of the parties' case-in-chief shall be EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony; ONLY those portions which are relevant to the issues in controversy shall be read into evidence. (g) Witness Lists: The parties shall use the sample form on Judge Schroeder's website if trial is set before Judge Schroeder. The parties shall use the sample form on Judge Mitchell's website if trial is set before Judge Mitchell. Page 7 of 9 0 ORDER REGARDING EXHIBITS: A. On the first day of trial, each party is required to have: (1) One copy of their respective original exhibits on hand. Each exhibit shall be properly labeled with the following information: Identified as either Plaintiff's or Defendant's Exhibit, the Exhibit Number and the Case Number. (2) Three hard copies of each party's exhibit list and witness list on hand. (3) One copy of all exhibits on USB Flash Drive(s) or portable hard drive(s). This shall be tendered to the Courtroom Deputy at the beginning of trial. B. The parties shall follow the process below to admit exhibits. (1) On the first day of trial, each party shall tender an "offered" list of exhibits it plans to admit into evidence that day which are NOT objected to, and read that list into the record. Parties shall entitle the list "[Plaintiff's/Defendant's] Exhibits Offered on [DATE]." If, during the course of the day's testimony, a party wishes to offer an objected exhibit into evidence, the party may move for admission at the time it wishes to use that exhibit with a witness. The Court will then hear the opposing party's objection and will rule on the objection at that time. (2) On each subsequent day of trial, parties shall first read into the record any exhibits that were admitted over objection from the previous day. The parties shall next tender an "offered" list of any additional exhibits NOT objected to that it plans to admit that day, and read that list into the record. The list shall be entitled "[Plaintiff's/Defendant's] Exhibits Offered on [DATE]." Finally, the parties shall tender a separate running list of all previously admitted exhibits throughout the course of trial entitled "[Plaintiff's/Defendant's] Exhibits Previously Admitted through [DATE of the most recently completed trial day]." (3) At the conclusion of evidence, each party shall read any exhibit that was admitted over objection that day into the record and then tender its final list of every admitted exhibit, entitled "[Plaintiff's/Defendant's] Final List of All Admitted Exhibits." C. At the conclusion of evidence, each party shall be responsible for pulling those exhibits admitted at trial, whether used or not, and tender those to the Courtroom Deputy, who will verify the exhibits and tender them to the jury for their deliberations. One representative from each side shall meet with the Courtroom Deputy to verify the exhibit list. D. At the conclusion of trial, all boxes of exhibits shall be returned to the respective parties and the parties are instructed to remove these exhibits from the courtroom. E. Within five business days of the conclusion of trial, each party shall submit to the Courtroom Deputy: (1) A Final Exhibit List of Exhibits Admitted During Trial in Word format. (2) CD(s) containing admitted unsealed trial exhibits in PDF format. If the Court ordered any exhibits sealed during trial, the Sealed Exhibits shall be submitted on Page 8 of 9 0 a separate CD. If tangible or over-sized exhibits were admitted, such exhibits shall be substituted with a photograph in PDF format. (3) A disk containing the transcripts of Video Depositions played during trial, along with a copy of the actual video deposition. Page 9 of 9