1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

FLYING HELIBALL, LLC, 

Plaintiff, 

v. 

TARGET CORPORATION, 

Defendant.

Civil Action No. 2:23-CV-00036- JRG-RSP 

Chief District Judge Rodney Gilstrap

Magistrate: Roy Payne

Filed: January 31, 2023

JOINT MOTION TO CONTINUE TRIAL

Plaintiff Flying Heliball, LLC and Defendant Target Corporation (collectively, the 

“Parties”) file this Joint Motion to Continue Trial, which was initially set for December 9, 2024. 

Parties have conferred and agreed to continue trial to a later date. The Parties therefore move the 

Court continue trial currently set for December 9, 2024.

Plaintiff’s lead counsel has two trials scheduled in December 2024 in addition to the 

captioned matter and would be prejudiced if forced to attempt to complete all three trials in such a 

compressed period of time, with many overlapping pre-trial deadlines. World Tech Toys, Inc. v. 

Straight Forwarding, Inc., 22TCV22693 is scheduled to begin trial on December 3, 2024, in the 

Los Angeles County Superior Court. World Tech Toys, Inc. v. CVS Pharmacy, Inc., 23-5567 FMO 

(JPRx) is scheduled to begin trial on December 17, 2024, in the U.S. District Court for the Central 

District of California.

1

 

1 This trial was recently rescheduled by the court and the undersigned, acting as World Tech Toys, 

Inc.’s counsel in that matter, had requested a trial date in January 2025, which would not have 

conflicted with this Court’s existing trial schedule.

Case 2:23-cv-00036-JRG-RSP Document 37 Filed 02/21/24 Page 1 of 7 PageID #: 204
2

Similarly, defense counsel has trials scheduled for January and February. Accordingly, the 

parties stipulate to the new case management deadlines below and respectfully request that the 

Court adjust its Court’s Docket Control Order (Dkt. 22) as follows:

Case 2:23-cv-00036-JRG-RSP Document 37 Filed 02/21/24 Page 2 of 7 PageID #: 205
3

Event Original Date New Date

*Jury Selection – 9:00 a.m. in Marshall, Texas December 9, 2024 March 10, 2025

*Defendant to disclose final invalidity theories, 

final prior art references/combinations, and final 

equitable defenses

7 days before Jury

Selection

7 days before Jury

Selection

* Plaintiff to disclose final election of Asserted 

Claims

10 days before Jury

Selection

10 days before Jury

Selection

* 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

November 12, 2024 February 11, 2025

*Pretrial Conference – 9:00 a.m. in Marshall, 

Texas before Judge

Roy Payne

November 4, 2024 February 3, 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.

October 28, 2024 January 27, 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

October 28, 2024 January 27, 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.

October 21, 2024 January 21, 2025

Case 2:23-cv-00036-JRG-RSP Document 37 Filed 02/21/24 Page 3 of 7 PageID #: 206
4

* 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.

October 15, 2024 January 13, 2025

Serve Objections to Rebuttal Pretrial Disclosures October 15, 2024 January 13, 2025

Serve Objections to Pretrial Disclosures; and 

Serve Rebuttal Pretrial Disclosures

October 7, 2024 January 6, 2025

Serve Pretrial Disclosures (Witness List, 

Deposition Designations, and Exhibit List) by the 

Party with the Burden of Proof

September 23, 2024 December 23, 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 CV7(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.

September 16, 2024 December 16, 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.

September 3, 2024 December 2, 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.

September 3, 2024 December 2, 2024

Deadline to Complete Expert Discovery August 26, 2024 November 25, 2024

Serve Disclosures for Rebuttal Expert Witnesses August 12, 2024 November 11, 2024

Deadline to Complete Fact Discovery and File

Motions to Compel Discovery

July 22, 2024 October 21, 2024

Serve Disclosures for Expert Witnesses by the

Party with the Burden of Proof

July 22, 2024 October 21, 2024

Comply with P.R. 3-7 (Opinion of Counsel

Defenses)

June 27, 2024 September 26, 2024

Case 2:23-cv-00036-JRG-RSP Document 37 Filed 02/21/24 Page 4 of 7 PageID #: 207
5

*Claim Construction Hearing 9 a.m. in Marshall,

Texas before Judge Roy Payne

June 6, 2024 September 5, 2024

*Comply with P.R. 4-5(d) (Joint Claim

Construction Chart)

May 23, 2024 August 22, 2024

*Comply with P.R. 4-5(c) (Reply Claim

Construction Brief)

May 16, 2024 August 15, 2024

Comply with P.R. 4-5(b) (Responsive Claim

Construction Brief)

May 9, 2024 August 8, 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 25, 2024 July 25, 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.

April 25, 2024 July 25, 2024

Comply with P.R. 4-4 (Deadline to Complete

Claim Construction Discovery)

April 11, 2024 July 11, 2024

File Response to Amended Pleadings April 4, 2024 July 4, 2024

*File Amended Pleadings

It is not necessary to seek leave of Court to

amend pleadings prior to this deadline unlessthe

amendmentseeks to assert additional patents.

March 21, 2024 June 20, 2024

Comply with P.R. 4-3 (Joint Claim Construction

Statement)

March 14, 2024 June 13, 2024

Comply with P.R. 4-2 (Exchange Preliminary

Claim Constructions)

February 22, 2024 May 23, 2024

[Signature on Next Page]

Case 2:23-cv-00036-JRG-RSP Document 37 Filed 02/21/24 Page 5 of 7 PageID #: 208
6

Dated: February 21, 2024 McKOWN BAILEY

_/s/ Michael O'Brien________________ 

Michael O’Brien

mobrien@mckownbailey.com

William P. Cassidy, Jr.

wcassidy@mckownbailey.com

Aaron McKown

aaron@mckownbailey.com

520 Newport Center Drive, Suite 470

Newport Beach, California 92660

(949) 858-3200

Attorneys for Plaintiff Flying Heliball, LLC

Dated: February 21, 2024 FOX ROTHSCHILD LLP

_/s/_Jeff Grant__________ 

Jeff Grant

Jgrant@foxrothschild.com

10250 Constellation Blvd., Suite 900

Los Angeles, California 90067

Andy Nikolopoulos

anikopoulos@foxrothschild.com

2501 N. Harwood Street, Suite 1800

Dallas, Texas 75201

(972) 991-0889

Attorneys for Defendant Target Corporation

Case 2:23-cv-00036-JRG-RSP Document 37 Filed 02/21/24 Page 6 of 7 PageID #: 209
7

Certificate of Service

The undersigned certifies this document was filed electronically in compliance with Local

Rule CV-5(a). As such, it was served on all counsel of record on February 21, 2024.

/s/ Michael O’Brien

Michael O’Brien

Certificate of Conference

Counsel has complied with the meet and confer requirement in Local Rule CV-7(h), and

this Motion is unopposed. I personally conferred with Defendants’ counsel on February 9, 2024

regarding the relief requested by this Motion and Defendants are unopposed to the relief sought.

/s/ Michael O’Brien

Michael O’Brien

Case 2:23-cv-00036-JRG-RSP Document 37 Filed 02/21/24 Page 7 of 7 PageID #: 210