IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

MONUMENT PEAK VENTURES, LLC,

 Plaintiff,

v. 

BLU PRODUCTS, INC., 

 Defendant.

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CIVIL ACTION NO. 2:23-CV-00169-JRG-RSP 

 

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: 

Date Event

October 28, 2024 *Jury Selection – 9:00 a.m. in Marshall, Texas 

7 days before Jury 

Selection

*Defendant to disclose final invalidity theories, final prior art 

references/combinations, and final equitable defenses.

10 days before Jury 

Selection

*Plaintiff to disclose final election of Asserted Claims.

September 30, 2024 

* 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.1

September 23, 2024 *Pretrial Conference - 9:00 a.m. in Marshall, Texas before Judge 

Roy Payne 

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

Dire.

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September 16, 2024 

*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.

September 16, 2024 

*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 

September 9, 2024 

*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 shawnmcroberts@txed.uscourts.gov.

September 3, 2024 

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. 

September 3, 2024 Serve Objections to Rebuttal Pretrial Disclosures

August 26, 2024 Serve Objections to Pretrial Disclosures; and Serve Rebuttal 

Pretrial Disclosures

August 12, 2024 

Serve Pretrial Disclosures (Witness List, Deposition Designations, 

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

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August 5, 2024

*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. Motions for 

Summary Judgment shall comply with Local Rule CV-56.

July 22, 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.

July 22, 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.

July 15, 2024 Deadline to Complete Expert Discovery

July 1, 2024 Serve Disclosures for Rebuttal Expert Witnesses

June 10, 2024 Deadline to Complete Fact Discovery and File Motions to Compel 

Discovery

June 10, 2024 Serve Disclosures for Expert Witnesses by the Party with the 

Burden of Proof

June 14, 2024 Comply with P.R. 3-7 (Opinion of Counsel Defenses)

May 24, 2024 *Claim Construction Hearing - 9:00 a.m. in

Marshall, Texas before Judge Roy Payne

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May 10, 2024 *Comply with P.R. 4-5(d) (Joint Claim Construction Chart)

May 3, 2024 *Comply with P.R. 4-5(c) (Reply Claim Construction Brief)

April 26, 2024 Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)

April 12, 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).

April 12, 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.

March 29, 2024 Comply with P.R. 4-4 (Deadline to Complete Claim Construction 

Discovery)

March 22, 2024 File Response to Amended Pleadings

March 8, 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.

February 28, 2024 Comply with P.R. 4-3 (Joint Claim Construction 

Statement)

February 7, 2024 Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)

January 19, 2024 Comply with P.R. 4-1 (Exchange Proposed Claim Terms)

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August 31, 2023 Comply with Standing Order Regarding Subject-Matter 

Eligibility Contentions2

August 31, 2023 Comply with P.R. 3-3 & 3-4 (Invalidity Contentions) 

August 10, 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. 

August 3, 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. 

July 27, 2023 Join Additional Parties

July 10, 2023 Comply with P.R. 3-1 & 3-2 (Infringement Contentions) 

(*) indicates a deadline that cannot be changed without showing good cause. Good cause is 

not shown merely by indicating that the parties agree that the deadline should be changed.

ADDITIONAL REQUIREMENTS

Mediation: While certain cases may benefit from mediation, such may not be 

appropriate for every case. The Court finds that the Parties are best suited to evaluate whether 

mediation will benefit the case after the issuance of the Court’s claim construction order. 

Accordingly, the Court ORDERS the Parties to file a Joint Notice indicating whether the case 

should be referred for mediation within fourteen days of the issuance of the Court’s claim

construction order. As a part of such Joint Notice, the Parties should indicate whether they have 

a mutually agreeable mediator for the Court to consider. If the Parties disagree about whether 

mediation is appropriate, the Parties should set forth a brief statement of their competing positions 

in the Joint Notice.

2 http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20Re%20Subject%20

Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-YU5P]

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Summary Judgment Motions, Motions to Strike Expert Testimony, and Daubert

Motions: For each motion, the moving party shall provide the Court with two (2) hard copies 

of the completed briefing (opening motion, response, reply, and if applicable, sur-reply), excluding 

exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and 

must include the CM/ECF header. These copies shall be delivered to the Court within three (3) 

business days after briefing has completed. For expert-related motions, complete digital copies of 

the relevant expert report(s) and accompanying exhibits shall be submitted on a single flash drive 

to the Court. Complete digital copies of the expert report(s) shall be delivered to the Court no later 

than the dispositive motion deadline.

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.

Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides 

that “[o]n the first appearance through counsel, each party shall designate a lead attorney on the 

pleadings or otherwise.” Additionally, once designated, a party’s lead attorney may only be 

changed by the filing of a Motion to Change Lead Counsel and thereafter obtaining from the Court 

an Order granting leave to designate different lead counsel.

Motions for Continuance: The following excuses will not warrant a continuance nor 

justify a failure to comply with the discovery deadline:

(a) The fact that there are motions for summary judgment or motions to dismiss pending;

(b) 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;

(c) 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.

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 to amend the DCO 

shall include a proposed order 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). In other words, 

the DCO in the proposed order should be complete such that one can clearly see all the remaining 

deadlines and the changes, if any, to those deadlines, rather than needing to also refer to an earlier 

version of the DCO.

Proposed DCO: The Parties’ Proposed DCO should also follow the format described 

above under “Amendments to the Docket Control Order (‘DCO’).”

Joint Pretrial Order: In the contentions of the Parties included in the Joint Pretrial 

Order, the Plaintiff shall specify all allegedly infringed claims that will be asserted at trial. The 

Plaintiff shall also specify the nature of each theory of infringement, including under which 

subsections of 35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff alleges divided

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infringement or infringement under the doctrine of equivalents. Each Defendant shall indicate the 

nature of each theory of invalidity, including invalidity for anticipation, obviousness, subjectmatter eligibility, written description, enablement, or any other basis for invalidity. The Defendant 

shall also specify each prior art reference or combination of references upon which the Defendant 

shall rely at trial, with respect to each theory of invalidity. The contentions of the Parties may not 

be amended, supplemented, or dropped without leave of the Court based upon a showing of good 

cause.

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