UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

SELECT RESEARCH, LTD.,

Plaintiff,

v.

AMAZON.COM, INC., ET AL.

Defendants.

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Case No. 4:23-CV-00865-SDJ

JOINT MOTION FOR MODIFICATION OF ORDER GOVERNING PROCEEDINGS

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I. INTRODUCTION

In light of the technical nature of this case alleging trade secret misappropriation, the parties 

hereby jointly request that the Order Governing Proceedings (Dkt. 47) be modified to extend the 

deadline for the exchange of Mandatory Initial Disclosures to two weeks after the Rule 16 

management conference in this matter.

II. ARGUMENT

In this case, Plaintiff Select Research, Ltd. (“SRL”) alleges that Amazon.com, Inc. and 

Amazon.com Services, LLC (together, “Amazon”) have misappropriated SRL’s trade secrets and 

incorporated them into their Halo and “Made for You” products. See Dkt. 26 (First Amended 

Complaint). SRL’s original Complaint also asserted claims for patent infringement against the 

Halo product, see Dkt. 1 ¶¶ 98-128, but those claims are no longer in the case.

On May 15, 2024, the Court issued an Order Governing Proceedings that appeared tailored 

for a patent case. Dkt. 44 (“First OGP”). For example, the First OGP discussed deadlines for 

infringement and invalidity contentions. Id. at 14-15. Also, apparently in recognition of the

discovery burden placed on defendants responding to allegations that technology has wrongfully 

been incorporated into their products, the First OGP set the deadline for Mandatory Initial 

Disclosures at five weeks after the case management conference. Id. at 14. Notably, that 

Mandatory Initial Disclosure deadline did not require production of all relevant documents. Id. at 

4-5.

On May 20, 2024, noting that there are no patent claims currently in this case, the Court 

withdrew the First OGP and entered a new Order Governing Proceedings (“Second OGP”). See 

Dkt. Nos. 46, 47. The Second OGP sets a much earlier, before-the-management-conference,

deadline for Mandatory Initial Disclosures of June 20, 2024. Dkt. 47 at 1. It further requires that 

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those disclosures include “[a] copy of all documents, ESI, witness statements, and tangible things 

in the possession, custody, or control of the disclosing party that are relevant to the claim or defense 

of any party.” Id. at 4.

The parties believe that, given the technical nature of this case, a case schedule closer to 

that set forth in the First OGP is more appropriate. In addition, it is Amazon’s position that the 

pleadings do not sufficiently identify SRL’s alleged trade secrets in a way that would allow 

Amazon to efficiently search for and produce all responsive documents about two different 

accused products within a month. See Dkt. 33 at 22-26, 30; see also StoneEagle Servs., Inc. v. 

Valentine, No. 3:12-CV-1687-P, 2013 WL 9554563, at *2 (N.D. Tex. June 5, 2013) (noting that 

requiring the plaintiff to provide a list of trade secrets would allow “the Court and Defendants ... 

to more accurately determine relevant responses and appropriate objections.”). The parties have 

met-and-conferred on this issue, and SRL has expressed a willingness to provide Amazon 

additional information regarding its alleged trade secrets via early discovery. SRL further 

expressed its intention to file a Third Amended Complaint to include such additional information 

as may be necessary for the public record to properly reflect the dispute between the parties after 

that limited discovery takes place. The parties intend to move efficiently, but Amazon believes 

that, no matter how quickly the parties move, it will be difficult, if not impossible, for it to: (1) 

better understand SRL’s trade secrets; and then (2) search for and produce all technical documents 

relevant thereto, all within a month. 

The parties do not seek this motion for purposes of delay, but rather to improve the 

efficiency of the discovery process in this case for the parties and the Court.

III. CONCLUSION

For the foregoing reasons, and for good cause shown, the parties jointly request that the 

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Order Governing Proceedings (Dkt. 47) be modified to extend the deadline for the exchange of 

Mandatory Initial Disclosures to two weeks after the Rule 16 management conference, which is

currently scheduled for July 10, 2024. The parties will be prepared to discuss any additional 

changes to the Order Governing Proceedings at the Rule 16 case management conference.

Dated: May 24, 2024 HUESTON HENNIGAN LLP

By: /s/ Christina V. Rayburn

Moez M. Kaba (CA SBN 257456)

Christina V. Rayburn (CA SBN 255467)

523 West 6th St., Suite 400

Los Angeles, CA 90014

Phone: (213) 788-4340

mkaba@hueston.com

crayburn@hueston.com

/s/ Deron R. Dacus

Deron R. Dacus (Bar No. 00790553)

The Dacus Firm, P.C.

821 ESE Loop 323, Suite 430

Tyler, TX 75701

Phone: (903) 705-1117

ddacus@dacusfirm.com

Attorneys for Defendants

Amazon.com, Inc. and

Amazon.com Services LLC

and

/s/ Donald R. McPhail 

Donald R. McPhail (admitted) 

MERCHANT & GOULD PC 

1900 Duke Street, Suite 600 

Alexandria, Virginia 22314 

Tel: (703) 518-4516 

Fax: (612) 332-9081 

Email: dmcphail@merchantgould.com

Attorney for Plaintiff Select Research, 

Ltd.

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CERTIFICATE OF SERVICE

The undersigned certifies that on this May 24, 2024, all counsel of record who are deemed 

to have consented to electronic service are being served with a copy of this document through the 

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

Christina V. Rayburn___________________ 

Christina V. Rayburn

CERTIFICATE OF CONFERENCE

The undersigned certifies that counsel for both parties met and conferred on this motion 

and that this motion is joint.

Christina V. Rayburn___________________ 

Christina V. Rayburn

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