UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

HEADWATER RESEARCH LLC,

Plaintiff,

 v.

CELLCO PARTNERSHIP D/B/A 

VERIZON WIRELESS AND VERIZON 

CORPORATE SERVICES GROUP, INC.,

Defendants.

Civil Action No. 2:23-cv-00352-JRG-RSP

JURY DEMANDED

JOINT MOTION TO AMEND DOCKET CONTROL ORDER

Plaintiff Headwater Research, LLC (“Headwater”) and Defendants Cellco Partnership, 

d/b/a Verizon Wireless and Verizon Corporate Services Group Inc. (collectively, “Verizon” or 

“Defendants”), (collectively, the “Parties”) respectfully file this Joint Motion to Amend the Docket 

Control Order (Dkt. No. 40) and would show the Court as follows:

The current deadline for the Parties to Complete Fact Discovery and File Motions to 

Compel Discovery is December 13, 2024. At this time, the Parties request a brief extension of the 

deadline to January 10, 2025. Given the proximity of the current deadline to the Thanksgiving and

Christmas holidays, this brief extension will allow the Parties additional time to complete fact 

discovery. As a result of this brief extension of the fact discovery deadline, the parties also request 

brief extensions of the deadlines to: serve expert witness disclosures, complete expert discovery, 

file dispositive motions; file motions and to strike expert testimony (including Daubert motions) 

and responses thereto, and serve pretrial disclosures and objections thereto. No other deadlines 

will be affected by this amendment.

Good cause exists because the Parties are still completing fact discovery and have a 

significant number of depositions to complete before fact discovery closes. This brief extension of 

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the fact discovery deadline will provide the Parties, third-parties, and all of the witnesses additional 

time with which to schedule such depositions so as to minimize the burden as much as possible 

during the winter holiday season. Good cause further exists to amend the deadlines for filing 

dispositive motions (and responses thereto) and filing motions to strike expert testimony (including 

Daubert motions) (and responses thereto) because the proposed amended dates will permit the 

parties to still complete pretrial matters and pretrial disclosures well in advance of the submission 

of such pretrial disclosures and without affecting any other deadlines. 

The Parties represent that this Motion is not filed for the purposes of delay but rather so 

that justice may be served. The Parties have met and conferred and are jointly seeking the relief 

sought in this Motion.

Accordingly, the Parties respectfully request that the Court grant this Joint Motion to 

Amend the Docket Control Order (Dkt. No. 40) as follows:

ORIGINAL DATE AMENDED DATE EVENT

March 24, 2025 April 1, 2025 Serve Objections to Rebuttal Pretrial Disclosures

March 17, 2025 March 25, 2025 Serve Objections to Pretrial Disclosures; and 

Serve Rebuttal Pretrial Disclosures

March 3, 2025 March 13, 2025

Serve Pretrial Disclosures (Witness List, 

Deposition Designations, and Exhibit List) by 

the Party with the Burden of Proof

February 24, 2025 March 10, 2025

*Response to Dispositive Motions (including 

Daubert Motions). Responses to dispositive 

motions that were filed prior to the dispositive 

motion deadline, including Daubert Motions, 

shall be due in accordance with Local Rule CV7(e), not to exceed the deadline as set forth in this 

Docket Control Order. Motions for Summary 

Judgment shall comply with Local Rule CV-56.

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ORIGINAL DATE AMENDED DATE EVENT

February 10, 2025 February 24, 2025

*File Motions to Strike Expert Testimony 

(including Daubert Motions) 

No motion to strike expert testimony (including 

a Daubert motion) may be filed after this date 

without leave of the Court.

February 10, 2025 February 24, 2025

*File Dispositive Motions 

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. 

February 3, 2025 February 20, 2025 Deadline to Complete Expert Discovery

January 21, 2025 February 10, 2025 Serve Disclosures for Rebuttal Expert Witnesses

December 19, 2024 January 15, 2025 Serve Disclosures for Expert Witnesses by the 

Party with the Burden of Proof

December 13, 2024 January 10, 2025 Deadline to Complete Fact Discovery and File 

Motions to Compel Discovery

December 3, 2024 December 27, 2025 Comply with P.R. 3-7 (Opinion of Counsel 

Defenses)

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Dated: November 26, 2024

 /s/ Katherine Q. Dominguez

Katherine Q. Dominguez 

(NY Bar No. 4741237)

kdominguez@gibsondunn.com

Brian Rosenthal

(NY Bar No. 3961380)

brosenthal@gibsondunn.com

GIBSON, DUNN & CRUTCHER LLP

200 Park Avenue

New York, NY 10166-0193

Telephone: (212) 351-4000

Facsimile: (212) 351-4035

 Andrew W. Robb (CA Bar No. 291438)

 arobb@gibsondunn.com

GIBSON, DUNN & CRUTCHER LLP

1881 Page Mill Road

Palo Alto, CA 94034

Telephone: (650) 849-5334

Facsimile: (650) 849-5034

Deron R. Dacus (TX Bar No. 00790553)

THE DACUS FIRM, P.C.

821 ESE Loop 323, Suite 430 

Tyler, Texas 75701

Telephone: (903) 705-1117

Email: ddacus@dacusfirm.com

Attorneys for Defendants,

Verizon 

 /s/ Marc Fenster

Marc Fenster

CA State Bar No. 181067

Email: mfenster@raklaw.com

Reza Mirzaie

CA State Bar No. 246953

Email: rmirzaie@raklaw.com

Brian Ledahl

CA State Bar No. 186579

Email: bledahl@raklaw.com

Ben Wang

CA State Bar No. 228712

Email: bwang@raklaw.com

Adam Hoffman

CA State Bar No. 218740

Email: ahoffman@raklaw.com

Dale Chang

CA State Bar No. 248657

Email: dchang@raklaw.com

Paul Kroeger

CA State Bar No. 229074

Email: pkroeger@raklaw.com

Neil A. Rubin

CA State Bar No. 250761

Email: nrubin@raklaw.com

Kristopher Davis

CA State Bar No. 329627

Email: kdavis@raklaw.com

James S. Tsuei

CA State Bar No. 285530

Email: jtsuei@raklaw.com

Philip Wang

CA State Bar No. 262239

Email: pwang@raklaw.com

Amy Hayden

CA State Bar No. 287026

Email: ahayden@raklaw.com

Jason M. Wietholter

CA State Bar No. 337139

Email: jwietholter@raklaw.com

Qi (Peter) Tong

TX State Bar No. 24119042

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Email: ptong@raklaw.com

RUSS AUGUST & KABAT

12424 Wilshire Blvd. 12th Floor

Los Angeles, CA 90025

Telephone: 310-826-7474

Andrea L. Fair

TX State Bar No. 24078488

MILLER FAIR HENRY PLLC

1507 Bill Owens Parkway

Longview, Texas 75604

Telephone: 903-757-6400

andrea@millerfairhenry.com

Attorneys for Plaintiff,

Headwater Research LLC

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CERTIFICATE OF SERVICE

I hereby certify that all counsel of record who are deemed to have consented to electronic 

service are being served this 26th day of November 2024, with a copy of this document via the 

Court’s CM/ECF system per Local Rule CV-5(a)(3).

/s/ Marc Fenster

Marc Fenster

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CERTIFICATE OF CONFERENCE

The undersigned certifies that counsel complied with the requirements of Eastern District 

of Texas Local Rule CV-7(h). The parties are in agreement on filing this Joint Motion.

s/ Marc Fenster

Marc Fenster

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