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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

TEXARKANA DIVISION

MAXELL, LTD.,

Plaintiff,

v.

SAMSUNG ELECTRONICS CO., LTD. and 

SAMSUNG ELECTRONICS AMERICA, 

INC.,

Defendants.

Case No. 5:23-CV-00092-RWS

SECOND AMENDED DOCKET CONTROL ORDER

Before the Court is the parties Joint Motion to Take Deposition Out of Time and to Amend 

Docket Control Order. The motion is hereby GRANTED. Accordingly, it is ORDERED that the 

deposition of Mr. Stumacher may proceed on October 30, 2024. It is further ORDERED that the 

following schedule of deadlines is in effect until further order of this Court:

3 DAYS after 

conclusion of Trial

Parties to file Motion to Seal Trial Exhibits, if they wish to seal any highly 

confidential exhibits.

EXHIBITS: See Order Regarding Exhibits below.

May 19, 2025

To be assigned by the 

Court

Court designated date – not 

flexible without good cause

- Motion Required

9:00 a.m. JURY TRIAL before Judge Robert W. Schroeder III, 

Texarkana, Texas.

For planning purposes, parties shall be prepared to start the evidentiary 

phase of trial immediately following jury selection.

May 19, 2025

Court designated date – not 

flexible without good cause

- Motion Required

9:00 a.m. JURY SELECTION before Judge Robert W. Schroeder III, 

Texarkana, Texas.

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May 6, 2025

Court designated date – not 

flexible without good cause

- Motion Required

10:00 a.m. PRETRIAL CONFERENCE before Judge Robert W. 

Schroeder III, Texarkana, Texas.

Discusstrial logistics and voir dire procedure. Resolve any pending motions 

or objections.

Lead trial counsel must attend the pretrial conference.

April 29, 2025

[1 week before pretrial]

File a Notice of Time Requested for (1) voir dire, (2) opening statements,

(3) direct and cross examinations, and (4) closing arguments.

April 29, 2025

[1 week before pretrial]

File Responses to Motions in Limine.

April 22, 2025

[2 weeks before pretrial]

File Motions in Limine and pretrial objections.

The parties are ORDERED to meet and confer to resolve any disputes 

before filing any motion in limine or objection to pretrial disclosures.

April 22, 2025

[2 weeks before pretrial]

File Joint Final Pretrial Order, Joint Proposed Jury Instructions with 

citation to authority and Form of the Verdict for jury trials.

Parties shall use the pretrial order form on Judge Schroeder’s website.

Proposed Findings of Fact and Conclusions of Law with citation to authority 

for issues tried to the bench.

April 15, 2025

[3 weeks before pretrial]

Exchange Objections to Rebuttal Deposition Testimony.

April 8, 2025

[4 weeks before pretrial]

Notice of Request for Daily Transcript or Real Time Reporting of Court 

Proceedings due.

If a daily transcript or real time reporting of court proceedings is requested 

for trial or hearings, the party or parties making said request shall file a 

notice and email Shelly Holmes at shelly_holmes@txed.uscourts.gov.

April 8, 2025

[4 weeks before pretrial]

Exchange Rebuttal Designations and Objections to Deposition Testimony.

For rebuttal designations, cross examination line and page numbers to be 

included.

In video depositions, each party is responsible for preparation of the final 

edited video in accordance with their parties’ designations and the Court’s 

rulings on objections.

April 8, 2025

Court designated date – not 

flexible without good cause

- Motion Required

10:00 a.m. HEARING ON ANY REMAINING DISPOSITIVE 

MOTIONS (INCLUDING DAUBERT MOTIONS) before Judge

Robert W. Schroeder III, Texarkana, Texas.

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March 25, 2025

[6 weeks before pretrial]

Exchange Pretrial Disclosures (Witness List, Deposition Designations, and 

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

Video and Stenographic Deposition Designation due. Each party who 

proposes to offer deposition testimony shall serve a disclosure identifying 

the line and page numbers to be offered.

January 14, 2025

Court designated date – not 

flexible without good cause

– Motion Required

Any Remaining Dispositive Motions due from all parties and any other 

motions that may require a hearing (including Daubert motions).

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.

For each motion filed, the moving party SHALL provide the Court with one

(1) copy of the completed briefing (opening motion, response, reply, and if 

applicable, surreply), excluding exhibits, in a three-ring binder appropriately 

tabbed. All documents shall be double-sided and must include the CM/ECF 

header. These copies shall be delivered to Judge Schroeder’s chambers in 

Texarkana as soon as briefing has completed.

Respond to Amended Pleadings.

January 7, 2025

[1 week before 

Dispositive Motions]

Parties to Identify Rebuttal Trial Witnesses.

January 6, 2025

[1 week before 

Dispositive Motions]

Expert Discovery Deadline.

December 27, 2024

[2.5 weeks before 

Dispositive Motions]

Parties to Identify Trial Witnesses; Amend Pleadings (after Markman

Hearing).

It is not necessary to file a Motion for Leave to Amend before the deadline 

to amend pleadings. It is necessary to file a Motion for Leave to Amend 

after the deadline. However, except as provided in Patent Rule 3-6, if the 

amendment would affect infringement contentions or invalidity contentions, 

a motion must be made pursuant to Patent Rule 3-6 irrespective of whether

the amendment is made prior to this deadline.

December 12, 2024 Parties designate rebuttal expert witnesses on damages issues, rebuttal

expert witness reports on damages due. Refer to Local Rules for required 

information.

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December 9, 2024

[5 weeks before 

Dispositive Motions]

Parties designate rebuttal expert witnesses (non-construction and nondamages issues), rebuttal expert witness reports due. Refer to Local Rules 

for required information.

If, without agreement, a party serves a supplemental expert report after the 

rebuttal expert report deadline has passed, the serving party must file notice 

with the Court stating service has occurred and the reason why a 

supplemental report is necessary under the circumstances.

November 5, 2024

[10 weeks before 

Dispositive Motions]

Final Election of Asserted Prior Art, which shall assert no more than 25 Prior 

Art references.

November 8, 2024 Parties with burden of proof designate expert witnesses on damages issues. 

Expert witness reports on damages due. Refer to Local Rules for required 

information.

November 5, 2024

[10 weeks before 

Dispositive Motions]

Parties with burden of proof designate expert witnesses (non-construction 

and non-damages issues). Expert witness reports due. Refer to Local Rules 

for required information.

October 29, 2024

[11 weeks before 

Dispositive Motions]

Fact discovery deadline.

Parties’ estimated 

number of trial days

10 days.

In the event that any of these dates fall on a weekend or Court holiday, the deadline is 

modified to be the next Court business day.

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 controvert the facts set out by movant and has no evidence to offer in opposition to the 

motion.”

A party may request an oral hearing on a motion filed with the Court. Any such request 

shall be included in the text or in a footnote on the first page of the motion or any responsive 

pleading thereto. The Court does not hold telephonic hearings absent unusual circumstances.

Other Limitations

(a) The following excuses will not warrant a continuance or justify a failure to comply 

with the discovery deadline:

(i) The fact that there are motions for summary judgment or motions to dismiss 

pending;

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(ii) 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;

(iii) 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.

(b) 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 shall include 

a chart in the format of the DCO 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). The motion to amend the DCO shall also include a proposed DCO in 

traditional two-column format that incorporates the requested changes and that also 

lists all remaining dates. In other words, the DCO in the proposed order should be 

complete such that one can clearly see all the remaining deadlines rather than needing 

to also refer to an earlier version of the DCO.

(c) 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.

(d) Motions in Limine: Each side is limited to one (1) motion in limine addressing no more 

than ten (10) disputed issues. In addition, the parties may file a joint motion in limine 

addressing any agreed issues. The Court views motions in limine as appropriate for 

those things that will create the proverbial “skunk in the jury box,” e.g., that, if 

mentioned in front of the jury before an evidentiary ruling can be made, would be so 

prejudicial that the Court could not alleviate the prejudice with an appropriate 

instruction. Rulings on motions in limine do not exclude evidence, but prohibit the 

party from offering the disputed testimony prior to obtaining an evidentiary ruling 

during trial.

(e) Exhibits: Each side is limited to designating 250 exhibits for trial absent a showing of 

good cause. The parties shall use the exhibit list sample form on Judge Schroeder’s 

website.

(f) Deposition Designations: Each side is limited to designating no more than ten (10) 

hours of deposition testimony for use at trial absent a showing of good cause. As trial 

approaches, if either side needs to designate more than ten (10) hours, the party may 

file a motion for leave and show good cause. All depositions to be read into evidence 

as part of the parties’ case-in-chief shall be EDITED so as to exclude all unnecessary, 

repetitious, and irrelevant testimony; ONLY those portions which are relevant to the 

issues in controversy shall be read into evidence.

(g) Witness Lists: The parties shall use the sample form on Judge Schroeder’s website.

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ORDER REGARDING EXHIBITS, EXHIBIT LISTS AND WITNESS LISTS:

A. On the first day of trial, each party is required to have:

(1) One copy of their respective original exhibits on hand. Each exhibit shall be 

properly labeled with the following information: Identified as either Plaintiff’s or 

Defendant’s Exhibit, the Exhibit Number and the Case Number.

(2) Three hard copies of each party’s exhibit list and witness list on hand.

(3) One copy of all exhibits on USB Flash Drive(s) or portable hard drive(s). This shall 

be tendered to the Courtroom Deputy at the beginning of trial.

(4) One copy of all expert reports on CD. This shall be tendered to the Courtroom 

Deputy at the beginning of trial.

B. The parties shall follow the process below to admit exhibits.

(1) On the first day of trial, each party shall tender a preadmitted list of exhibits it plans to 

admit into evidence. This list shall include all exhibits which are NOT objected to or 

to which the Court has already overruled an objection. To the extent there are exhibits 

with outstanding objections for which the parties need a ruling from the Court, those 

exhibits should be separately included on the list and designated accordingly to reflect 

a pending objection. Parties shall entitle the list “[Plaintiff’s/Defendant’s] List of 

Preadmitted Exhibits.” If, during the course of the day’s testimony, a party wishes to 

offer an objected exhibit into evidence, the party may move for admission at the time 

it wishes to use that exhibit with a witness. The Court will then hear the opposing 

party’s objection and will rule on the objection at that time.

(2) On each subsequent day of trial, the Court will commence by formally admitting all of 

the exhibits that were either unobjected to or allowed over objection and used during 

the previous day’s trial. The Court will ask for these exhibits to be read into the record 

and formally admitted into evidence at the beginning of that trial day. These will be the 

exhibits deemed admitted at trial. The parties shall keep a separate running list of all

exhibits admitted throughout the course of trial.

(3) At the conclusion of evidence, each party shall read into the record any exhibit that was 

used but not previously admitted during the course of trial and then tender its final list 

of every admitted exhibit, entitled “[Plaintiff’s/Defendant’s] Final List of All Admitted 

Exhibits.” To the extent there are exhibits that were not admitted during the course of 

trial, but for which there is agreement that they should be provided to the jury, the 

parties must inform the Court of those exhibits at the conclusion of evidence. The Court 

will then determine whether those exhibits will be allowed into the jury room for 

deliberations.

C. At the conclusion of evidence, each party shall be responsible for pulling those exhibits

admitted at trial and shall tender those to the Courtroom Deputy, who will verify the 

exhibits and tender them to the jury for their deliberations. One representative from each 

side shall meet with the Courtroom Deputy to verify the exhibit list.

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D. At the conclusion of trial, all boxes of exhibits shall be returned to the respective parties 

and the parties are instructed to remove these exhibits from the courtroom.

E. Within five business days of the conclusion of trial, each party shall submit to the 

Courtroom Deputy:

(1) A Final Exhibit List of Exhibits Admitted During Trial in Word format.

(2) Two CD(s) containing admitted unsealed trial exhibits in PDF format. If the Court 

ordered any exhibits sealed during trial, the Sealed Exhibits shall be submitted on 

a separate CD. If tangible or over-sized exhibits were admitted, such exhibits shall 

be substituted with a photograph in PDF format.

(3) A disk containing the transcripts of Video Depositions played during trial, along 

with a copy of the actual video deposition.

.

 

____________________________________

ROBERT W. SCHROEDER III

UNITED STATES DISTRICT JUDGE

So ORDERED and SIGNED this 29th day of October, 2024.

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