UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-cv-22050-GAYLES/OTAZO-REYES

SISVEL INTERNATIONAL S.A.,

3G LICENSING S.A., and

SISVEL S.P.A.,

Plaintiffs,

v.

BLU PRODUCTS, INC.,

Defendants.

________________________________________/

SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND 

PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND

REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE

THIS CAUSE is set for trial during the Court’s two-week trial calendar beginning on

Monday, April 25, 2022. The Calendar Call will be held at 9:30 a.m. on Wednesday, April 

20, 2022. A Status Conference will be held at 10:00 a.m. on Wednesday, January 19, 2022.

The parties shall adhere to the following schedule:

1. Joinder of any additional parties and filing of motions to amend the complaint 

by 11/30/2020

2. Plaintiffs shall provide a preliminary identification of the asserted patent 

claim(s) by 11/30/2020

3. Parties shall exchange patent claim terms for construction by 1/6/2021

4. Parties shall exchange proposed constructions of patent claim terms by 1/27/2021

5. Parties shall file opening claim construction briefs by 2/24/2021

6. Parties shall file responsive claim constructions briefs by 3/17/2021

7. Parties shall file reply claim construction briefs by 3/31/2021

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8. Parties shall file a joint claim construction statement by 4/7/2021

9. Parties may file optional technology tutorials by 4/28/2021

10. Claim construction (Markman) hearing 5/5/2021

11. Parties shall meet and confer to narrow asserted patent claims, accussed 

products, and asserted prior art references by 8/20/2021

12. Written lists containing the names and addresses of all witnesses intended to 

be called at trial by 10/20/2021

13. Plaintiff(s) shall disclose experts, expert witness summaries, and reports as 

required by Fed. R. Civ. P. 26(a)(2) by 9/20/2021

14. Defendant(s) shall disclose experts, expert witness summaries, and reports as 

required by Fed. R. Civ. P. 26(a)(2) by 9/20/2021

15. Exchange of rebuttal expert witness summaries and reports as required by 

Fed. R. Civ. P. 26(a)(2) by 10/20/2021

16. Parties shall select a mediator pursuant to Local Rule 16.2 and shall schedule a 

time, date, and place for mediation by 10/25/2021

17. Fact discovery shall be completed by 11/5/2021

18. Expert discovery shall be completed by 11/5/2021

19. Dispositive motions, including those regarding summary judgment and 

Daubert, shall be filed by 12/8/2021

20. Mediation shall be completed by 12/22/2021

21. All pretrial motions and memoranda of law, including motions in limine, 

shall be filed by 2/2/2022

22. Joint pretrial stipulation, proposed joint jury instructions, proposed joint 

verdict form, and/or proposed findings of fact and conclusions of law shall be 

filed by

3/2/2022

23. Electronic versions of documentary exhibits and Certificates of Compliance 

re Admitted Evidence shall be filed on CM/ECF by 4/4/2022

Motions. Every motion filed in this case shall be accompanied by one proposed original 

order granting the motion. Each party shall be limited to filing one (1) motion in limine. Unless 

otherwise specified by the Court, every motion shall be double spaced in 12-point Times New 

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Roman typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties 

unless there are clear conflicts of position.

Referral to Magistrate Judge. Pursuant to 28 U.S.C. § 636, all discovery matters are 

referred to Magistrate Judge Alicia M. Otazo-Reyes to take all appropriate action. Furthermore, 

pursuant to 28 U.S.C. § 636(c)(1), the parties may consent to trial and final disposition by Magistrate Judge Otazo-Reyes.

Mediation. The parties shall select a mediator pursuant to Local Rule 16.2 and shall schedule a time, date, and place for mediation. If the parties cannot agree on a mediator, they shall notify

the Clerk in writing as soon as possible, and the Clerk shall designate a certified mediator on a 

blind rotation basis. Counsel for all parties shall familiarize themselves with and adhere to all provisions of Local Rule 16.2. Within seven (7) days of mediation, the parties are required to file a 

mediation report with the Court.

Discovery. The parties may stipulate to extend the time to answer interrogatories, produce

documents, and answer requests for admissions. The parties shall not file with the Court notices 

or motions memorializing any such stipulation unless the stipulation interferes with the deadlines 

set forth above. The Court must approve all stipulations that would interfere with the schedule 

deadlines. See Fed. R. Civ. P. 29. In addition to the documents enumerated in Local Rule 26.1(b), 

the parties shall not file notices of deposition with the Court. Strict compliance with the Local 

Rules is expected, particularly with regard to motion practice. See S.D. Fla. L.R. 7.1.

Discovery Disputes. The parties shall follow the attached discovery procedures for Magistrate Judge Otazo-Reyes. No written discovery motions, including motions to compel, for protective order, or related motions for sanctions shall be filed unless the Magistrate Judge 

requests it after a discovery hearing. 

Deposition Designations. Parties seeking to use deposition testimony at trial shall 

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provide the Court will a full deposition transcript. The designations shall be color coded, 

with each party highlighting the deposition testimony it intends to use in a specific color. 

Objections to designations shall be included in the margins of the transcript.

Electronic Submission of Exhibits. Pursuant to United States District Court for the 

Southern District of Florida Administrative Order 2016-70 regarding electronic submission of 

exhibits, counsel must file in the CM/ECF system electronic versions of documentary exhibits to 

be submitted at trial no later than 48 hours prior to Calendar Call.

1 At the time of filing the electronic exhibits, an attorney for each party shall also complete and file the attached Certification 

of Compliance re Admitted Evidence. Electronically filed exhibits are subject to CM/ECF 

Administrative Procedures, Section 6, Redaction of Personal Information, Privacy Policy, and 

Inappropriate Materials. Failure to file the electronic exhibits and Certification of Compliance by 

the date enumerated above may result in the imposition of sanctions. Any original exhibits that 

have been returned to or retained by the filing party after electronic filing shall be kept for safe 

keeping until the conclusion of any appeals; upon order of the Court, the filing party must return 

the original exhibits to the Clerk of Court.

DONE AND ORDERED in Chambers at Miami, Florida, this Wednesday, November 

18, 2020.

________________________________

DARRIN P. GAYLES

UNITED STATES DISTRICT JUDGE

cc: Magistrate Judge Otazo-Reyes

All Counsel of Record

1 This requirement excludes contraband and audio/video recordings. The filing party will file with the Clerk a CD, 

DVD, or other electronic medium containing a copy of any exhibit that is an audio or video recording.

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-22050-GAYLES/OTAZO-REYES

SISVEL INTERNATIONAL S.A.,

3G LICENSING S.A., and

SISVEL S.P.A.,

Plaintiff, 

v.

BLU PRODUCTS, INC.,

Defendant.

________________________________________/

CERTIFICATE OF COMPLIANCE RE ADMITTED EVIDENCE

I, ___________________________________________, as counsel for 

______________________________________________________, hereby certify the following:

Check the applicable sections:

□ ALL EXHIBITS E-FILED. All documentary exhibits and photographs of nondocumentary

physical exhibits to be admitted into evidence have been electronically filed in CM/ECF.

□ EXHIBITS NOT E-FILED. Some documentary exhibits and/or physical exhibits to be admitted into evidence cannot be electronically filed in CM/ECF. This includes and contraband. The 

following identifies those exhibit numbers that have been retained by the Clerk, and separately 

identifies those proposed exhibit numbers retained by this filing party. (Attach a list.)

□ AUDIO/VIDEO EXHIBITS. The following audio and/or video exhibits are to be entered 

into evidence during these proceedings. The filing party has conventionally filed with the Clerk 

of Court a CD or DVD containing the audio or video exhibit. (Attach a list.)

Any original exhibits that have been returned to or retained by the filing party after electronic filing

shall be kept for safe keeping until the conclusion of any appeals. Upon order of the Court, the 

filing party agrees to return the original exhibits to the Clerk of Court.

This Certificate shall be filed by the date provided in the Court’s Scheduling Order. Failure to 

timely comply with the Electronic Submission of Exhibits requirements provided in the Scheduling

Order or with the requirements of Administrative Order 2016-70 governing the Electronic Submission of Exhibits may result in the imposition of sanctions.

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Signature: ___________________________________________ Date: ____________________

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DISCOVERY PROCEDURES FOR

MAGISTRATE JUDGE ALICIA M. OTAZO-REYES

The following discovery procedures apply to all civil cases assigned to United States 

District Judge Darrin P. Gayles.

If parties are unable to resolve their discovery disputes without Court intervention, Magistrate Judge Alicia M. Otazo-Reyes will set the matter for hearing without the need for filing a 

motion.

The moving party must seek relief within fifteen (15) days after the occurrence of the 

grounds for relief by contacting Magistrate Judge Otazo-Reyes’ Chambers and requesting a hearing.

Magistrate Judge Otazo-Reyes’ telephone number is (305) 523-5740 and her Chambers are located

at 301 N. Miami Avenue, 10th Floor, Miami, Florida.

Once a hearing date is obtained, the movant shall provide notice to all relevant parties by 

filing a Notice of Hearing. The Notice of Hearing shall briefly specify the substance of the discovery

matter to be heard and include a certification that the parties have complied with the pre-filing 

conference required by Southern District of Florida Local Rule 7.1(a)(3). 

No written discovery motions, including motions to compel and motions for protective 

order, shall be filed unless requested by Magistrate Judge Otazo-Reyes. It is the intent of this procedure to minimize the necessity of motions.

The Court expects all parties to act courteously and professionally in the resolution of 

their discovery disputes and to confer in an attempt to resolve the discovery issue prior to requesting

the hearing. The Court may impose sanctions, monetary or otherwise, if the Court determines discovery is being improperly sought or is not being provided in good faith.

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Face Page Data

Case Number

20-cv-22050-

GAYLES/OTAZO-REYES

Plaintiff’s Name(s)

SISVEL INTERNATIONAL 

S.A.,

3G LICENSING S.A., and

SISVEL S.P.A.

Defendant’s Name(s) BLU PRODUCTS, INC.

Trial and Calendar Call Information

Trial Date (mm/dd/yy content 

automatically formatted) Monday, April 25, 2022 As set forth in scheduling report

Calendar Call Date (mm/dd/yy 

hh:mm – automatically formatted)Wednesday, April 20, 2022

Wednesday before Trial 

period

Due Dates

Joinder/Amended Motions 11/30/2020 Month to six weeks after 

schdl conf

Witness Summaries 10/20/2021 Six weeks after schdl conf

Witness List 10/20/2021 Six weeks after schdl conf

Rebuttal Expert 10/20/2021 Eight weeks after schdl 

conf

Mediator Selection 10/25/2021 Six weeks after schdl conf

Discovery 11/5/2021 Five months before trial

Expert Discovery 11/5/2021 Five months before trial

Dispositive Motions 12/8/2021 Four months before trial

Mediation 12/22/2021 Three months before trial

Pretrial Motions/Motions in 

Limine

2/2/2022 Two months before trial

Joint Pretrial Stipulation Due Date 3/2/2022 One month before trial

Electronic Submission of Exhibits 4/4/2022 2 days before Calendar Call

Status conference 1/19/2022 Three weeks after Mediation

deadline (always Wednesday)

Closing

Date of Order Wednesday, November 18, 

2020

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