IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

CTD NETWORKS, LLC,

Plaintiff,

v.

MUSARUBRA US, LLC,

Defendant

Civil Action No. 2:23-cv-00273-JRG

JURY TRIAL DEMANDED

DOCKET CONTROL ORDER

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:

April 7, 2025 *Jury Selection – 9:00 a.m. in [Marshall], Texas

7 days before Jury 

Selection

March 31, 2025

*Defendant to disclose final invalidity theories, final prior art 

references/combinations, and final equitable defenses.1

10 days before Jury

Selection

March 28, 2025

*Plaintiff to disclose final election of Asserted Claims.2

March 10, 2025 * If a juror questionnaire is to be used, an editable (in Microsoft Word 

format) questionnaire shall be jointly submitted to the Deputy Clerk 

in Charge by this date.3

1 The proposed DCO shall include this specific deadline. The deadline shall read, “7 days before 

Jury Selection,” and shall not include a specific date.

2 Given the Court’s past experiences with litigants dropping claims and defenses during or on the 

eve of trial, the Court is of the opinion that these additional deadlines are necessary. The proposed 

DCO shall include this specific deadline. The deadline shall read, “10 days before Jury Selection,” 

and shall not include a specific date.

3 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in 

Advance of Voir Dire.

Case 2:23-cv-00273-JRG Document 24-2 Filed 10/18/23 Page 1 of 5 PageID #: 314
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March 3, 2025 *Pretrial Conference – 9:00 a.m. in Marshall, Texas before Judge 

Rodney Gilstrap 

February 24, 2025 *Notify Court of Agreements Reached During Meet and Confer

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.

February 24, 2025 *File Joint Pretrial Order, Joint Proposed Jury Instructions, Joint 

Proposed Verdict Form, Responses to Motions in Limine, Updated 

Exhibit Lists, Updated Witness Lists, and Updated Deposition 

Designations

February 18, 2025 *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 e-mail the Court Reporter, Shawn 

McRoberts, at shawn_mcroberts@txed.uscourts.gov.

February 10, 2025 File Motions in Limine

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.

February 10, 2025 Serve Objections to Rebuttal Pretrial Disclosures

February 3, 2025 Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial 

Disclosures

January 21, 2025 Serve Pretrial Disclosures (Witness List, Deposition Designations, 

and Exhibit List) by the Party with the Burden of Proof

January 13, 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 CV-7(e), not to exceed the deadline 

as set forth in this Docket Control Order.4 Motions for Summary 

Judgment shall comply with Local Rule CV-56.

4 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 

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December 30, 2024 *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.

December 30, 2024 *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. 

December 23, 2024 Deadline to Complete Expert Discovery

December 9, 2024 Serve Disclosures for Rebuttal Expert Witnesses

November 18, 2024 Deadline to Complete Fact Discovery and File Motions to Compel 

Discovery

November 18, 2024 Serve Disclosures for Expert Witnesses by the Party with the Burden 

of Proof

October 22, 2024 Comply with P.R. 3-7 (Opinion of Counsel Defenses)

October 1, 2024 *Claim Construction Hearing – _______ [a.m. / p.m.] in [Marshall

/ Texarkana], Texas before [Judge Rodney Gilstrap / Judge Roy 

Payne / Judge Boone Baxter]

September 17, 2024 *Comply with P.R. 4-5(d) (Joint Claim Construction Chart)

September 10, 2024 *Comply with P.R. 4-5(c) (Reply Claim Construction Brief)

September 3, 2024 Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)

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.

Case 2:23-cv-00273-JRG Document 24-2 Filed 10/18/23 Page 3 of 5 PageID #: 316
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August 20, 2024 Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and 

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). 

August 20, 2024 Deadline to Substantially Complete Document Production and 

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.

August 6, 2024 Comply with P.R. 4-4 (Deadline to Complete Claim Construction 

Discovery)

July 30, 2024 File Response to Amended Pleadings

July 16, 2024 *File Amended Pleadings

It is not necessary to seek leave of Court to amend pleadings prior to 

this deadline unless the amendment seeks to assert additional patents.

July 9, 2024 Comply with P.R. 4-3 (Joint Claim Construction Statement)

June 18, 2024 Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)

May 28, 2024 Comply with P.R. 4-1 (Exchange Proposed Claim Terms)

November 9, 2023 Comply with Standing Order Regarding Subject-Matter Eligibility 

Contentions5

November 9, 2023 Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)

October 19, 2023 *File Proposed Protective Order and Comply with Paragraphs 1 & 3 

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.

5

_http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20

Re%20Subject%20Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-

YU5P]

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October 19, 2023 *File Proposed Docket Control Order and Proposed Discovery Order

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.

October 5, 2023 Join Additional Parties

September 14, 2023 Comply with P.R. 3-1 & 3-2 (Infringement Contentions)

SIGNED this _____________ day of 2023.

_______________________________

HONORABLE JUDGE PRESIDING

Case 2:23-cv-00273-JRG Document 24-2 Filed 10/18/23 Page 5 of 5 PageID #: 318