1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

JENS H.S. NYGAARD, §

§

Plaintiff, § Case No. 6:20-cv-00234-ADA

v. §

§ JURY TRIAL DEMANDED

FÉDÉRATION INTERNATIONALE DE §

L’AUTOMOBILE, FORMULA ONE §

MANAGEMENT LTD., FORMULA ONE §

WORLD CHAMPIONSHIP LTD., §

MERCEDES-BENZ GRAND PRIX LTD., §

DAIMLER AG, LEWIS HAMILTON, RED §

BULL TECHNOLOGY LTD., RED BULL §

RACING LTD., FERRARI S.P.A., §

CHARLES LECLERC, and DALLARA §

AUTOMOBILI S.P.A., §

§

Defendants. §

ORDER

Before this Court is the Joint Motion for Entry of Scheduling Order. Finding the motion 

to be unopposed, and useful for the orderly management of these deadlines, the parties’ joint 

motion is GRANTED.

IT IS HEREBY ORDERED that the current Agreed Amended Scheduling Order (ECF 

No. 258), which was entered by the Court on December 2, 2021, is amended as follows: 

Case 6:20-cv-00234-ADA Document 354 Filed 05/09/22 Page 1 of 4
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Deadline New Deadline Item

December 8, 2021 December 14, 2021 Opening Liability Expert Reports.1

N/A December 24, 2021 Opening Damages Expert Reports.

January 14, 2022 February 7, 2022 Rebuttal Liability Expert Reports.

January 10, 2022 February 7, 2022 Plaintiff’s Response in Opposition to 

Defendants’ Partial Motion for 

Summary Judgment of NonInfringement on Claim 2.

N/A February 11, 2022 Rebuttal Damages Expert Reports.

January 21, 2022 February 18, 2022 Deadline for the second of two meet 

and confer to discuss narrowing the 

number of claims asserted and prior art 

references at issue to triable limits. To 

the extent it helps the parties determine 

these limits, the parties are encouraged 

to contact the Court’s Law Clerk for an 

estimate of the amount of trial time 

anticipated per side. The parties shall 

file a Joint Report within 5 business 

days regarding the results of the meet 

and confer.

February 21, 2022 Defendants’ Reply Brief in Support of 

MSJ on Claim 2.

January 28, 2022 February 25, 2022 Close of Expert Discovery.

February 4, 2022 April 22, 2022 Dispositive motion deadline and 

Daubert motion deadline.

May 26, 2022 Daubert Responses Due.

June 3, 2022 Dispositive Motion Responses (MSJ) 

Due.

June 17, 2022 Daubert Replies Due.

July 1, 2022 Dispositive Motion (MSJs) Replies 

Due.

1 For the avoidance of doubt, draft expert reports are exempt from discovery and include any notes, 

drafts, or other materials created by or for an expert other than evidence or recitation of facts for 

use in the expert’s report or on which the expert relies in forming her opinion, pursuant to FRCP 

26(b)(4). 

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Deadline New Deadline Item

February 9, 2022 July 15, 20222 Serve Pretrial Disclosures (jury 

instructions, exhibits lists, witness lists, 

discovery and deposition designations).

February 15, 2022 July 29, 2022 Serve objections to pretrial 

disclosures/rebuttal disclosures.

August 5, 2022 Parties to jointly email the Court’s law 

clerk to confirm their Pre-Trial 

conference and trial dates.

February 18, 2022 August 12, 2022 Serve objections to rebuttal disclosures 

and File Motions in limine.

August 18, 202 In-person hearing on all pending 

motions.

February 25, 2022 August 19, 2022 File Joint Pretrial Order and Pretrial 

Submissions (jury instructions, exhibits 

lists, witness lists, discovery and 

deposition designations); file 

oppositions to motions in limine.

March 4, 2022 August 26, 2022 File Notice of Request for Daily 

Transcript or Real Time Reporting. 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 email the Court Reporter, Kristie Davis 

at kmdaviscsr@yahoo.com.

August 26, 2022 Deadline to meet and confer regarding 

remaining objections and disputes on 

motions in limine.

2 This deadline and all the subsequent deadlines below apply only to plaintiff Nygaard and the 

FIA and F1 defendants with respect to the separate pre-trial conference and trial between 

Nygaard and the FIA and F1 defendants. This deadline and all the subsequent deadlines below 

do not apply to plaintiff Nygaard and the Red Bull defendants with respect to the separate pretrial conference and trial between Nygaard and the Red Bull defendants. As stated in the Court’s 

Order entering the Stipulation between Nygaard and the Red Bull defendants (Dkt. 299), 

Nygaard’s claims against the Red Bull defendants and the Red Bull defendants’ defenses to 

Nygaard’s claims have been severed for a separate pre-trial conference and trial, and Nygaard 

and the Red Bull defendants will agree upon a separate schedule for the exchange and 

submission of pre-trial disclosures, motions in limine, and their pre-trial order in advance of the 

separate pre-trial conference for the separate trial between Nygaard and the Red Bull defendants.

Case 6:20-cv-00234-ADA Document 354 Filed 05/09/22 Page 3 of 4
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Deadline New Deadline Item

March 18, 2022 September 1, 2022 File joint notice identifying remaining 

objections to pretrial disclosures and 

disputes on motions in limine.

49 weeks after 

Markman hearing 

(or as soon as 

practicable) [March 

18, 2022]

September 16, 2022 at 1:30

pm

Final Pretrial Conference. 

October 6, 2022 Jury Selection by Judge Gilliland.

52 weeks after 

Markman hearing 

(or as soon as 

practicable)3

[March 31, 2022 

jury selection/April 

4, 2022 trial]

October 7-14, 2022 Trial. 

SIGNED this 9th day of May, 2022.

______________________________________

The Honorable Alan D. Albright

3 If the actual trial date materially differs from the Court’s default schedule, the Court will consider 

reasonable amendments to the case schedule post-Markman that are consistent with the Court’s 

default deadlines in light of the actual trial date.

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