UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

TEXARKANA DIVISION

OPTIMORPHIX, INC. §

 Plaintiff, §

§

v. § No. 5:23-CV-00134-RWS-JBB

§

BROADCOM, INC. §

 Defendant. §

ORDER

This case is set for a telephone scheduling conference on February 20, 2024, at 11:30 

a.m. before U. S. Magistrate Judge J. Boone Baxter. Counsel and all unrepresented parties 

must appear via telephone. Number: 571-353-2301, Guest ID: 870645889. The 

purpose of the scheduling conference will be to confirm the trial setting and to resolve any case 

management disputes or concerns. 

Parties that are proceeding without an attorney are bound by the requirements imposed 

upon counsel in this Order. 

Plaintiff’s counsel must immediately notify the Court upon settlement.

No later than one week before the scheduling conference, the parties shall file a Joint 

Conference Report that reflects the parties’ case management plan.1 

The Joint Conference Report must also contain the following information: 

a. State where and when the conference among the parties required by Federal Rule of 

Civil Procedure 26(f) was held, and identify the counsel who attended for each party, 

including name, address, bar number, phone and fax numbers, and email address. 

1 Timely submission of the parties’ joint conference report with attached proposed docket control order and proposed 

discovery order will be viewed by the Court as complying with the conference requirement of Rule 26(f).

Case 5:23-cv-00134-RWS-JBB Document 16 Filed 01/31/24 Page 1 of 4 PageID #: 342
- 2 -

b. List the name, bar number, address, email address, and telephone number of counsel 

and any unrepresented person who will appear at the Scheduling Conference on behalf 

of the parties. Appearing counsel must be an attorney of record, have full authority to 

bind clients and enter into stipulations regarding all matters that may be discussed.

c. List the correct names of the parties to this action.

d. List any related cases pending in any state or federal court. Include the case numbers, 

the courts, and how they are related.

e. Briefly describe in 3 pages or less: (a) What this case is about and (b) Each claim or 

defense. 

f. Specify the basis of federal jurisdiction.

g. Identify the parties who disagree with Plaintiff’s jurisdictional allegations and state the 

reasons for disagreement.

h. List anticipated additional parties that may be included, when they might be added and 

by whom.

i. State whether the parties are exempt from initial disclosures under Rule 26(a)(1)(B).

j. If the parties disagree on any part of the discovery plan or case schedule, describe the 

opposing views.

k. State whether the parties request entry of a Protective Order or E-Discovery Order to 

govern this case.

l. State the progress made toward settlement, if any, and the present status of settlement 

negotiations.

m. If the parties have already agreed on a specific mediator, state the name and address of 

the mediator and at what stage of the litigation mediation would be most appropriate.

In the event the parties are not able to agree at this time on whether they want to mediate 

and/or on the name of a specific mediator, the Court notes that its sample docket control 

order provides a deadline for the parties to inform the Court as to whether they agree 

to mediate, and if so, to file a joint motion indicating a deadline for such mediation and 

also whether the parties have agreed upon a mediator. 

n. United States Magistrate Judges are vested with full authority to try both jury and 

nonjury trials. State whether the parties agree to trial before a United States Magistrate 

Judge. 

o. State whether a jury demand has been made and if it was made on time.

Case 5:23-cv-00134-RWS-JBB Document 16 Filed 01/31/24 Page 2 of 4 PageID #: 343
- 3 -

p. Specify the approximate number of hours each party will need to present evidence and 

cross-examine witnesses in the trial of this case.

q. List all pending motions.

r. Indicate other matters peculiar to this case, including discovery, that deserve the special 

attention of the Court at the Scheduling Conference. The parties shall also advise as 

to whether they think the telephonic scheduling conference is warranted or 

whether the Court can enter the parties’ proposals without having the telephonic 

scheduling conference.

The parties shall prepare and attach to the Joint Conference Report a joint proposed docket 

control order and a joint proposed discovery order. The parties may also submit a joint proposed 

protective order and Patent E-Discovery Order. The parties shall use the sample orders for patent 

cases that can be found on the undersigned’s website. To the extent the parties request changes to 

the sample orders, the parties should also submit a second redlined version of any such proposed 

orders showing deviations from the sample orders.

The sample orders include provisions that require input from the parties. The sample orders 

also include provisions that are mandatory and are not subject to change without showing good 

cause. Good cause shall not be considered to be met simply by an indication of the parties’ 

agreement. Should either party believe good cause can be shown to alter an otherwise mandatory 

provision, then such party shall indicate its position within the Joint Conference Report.

Furthermore, it is hereby ORDERED that the following schedule of deadlines shall be 

incorporated into the proposed docket control order:

Jury Selection and 

Trial

*June 23, 2025 at 9:00 a.m. in Texarkana, TX before U.S. District 

Judge Robert W. Schroeder, III.

Pre-trial Conference *June 5, 2025 at 10:00 a.m. in Texarkana, TX before U.S. Magistrate 

Judge J. Boone Baxter.

Dispositive Motion 

Deadline

*January 13, 2025

Case 5:23-cv-00134-RWS-JBB Document 16 Filed 01/31/24 Page 3 of 4 PageID #: 344
- 4 -

Markman Hearing *October 8, 2024 at 10:00 a.m. in Texarkana, Texas before 

Magistrate Judge J. Boone Baxter (combined with Cause Nos. 5:23-

cv-123 and 5:23-cv-126). Should either party believe there should be 

separate Markman hearings, such party shall indicate its position 

within the Joint Conference Report.

7 Days Before

Scheduling Conference

File Proposed Docket Control Order, Proposed Discovery Order, and 

Protective Order/E-Discovery Order, if warranted, attached as 

exhibits to the Joint Conference Report.

Any disputes should be redlined and each party’s position explained.

(*) 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.

IT IS SO ORDERED.

.

____________________________________

J. Boone Baxter

UNITED STATES MAGISTRATE JUDGE

SIGNED this the 31st day of January, 2024.

Case 5:23-cv-00134-RWS-JBB Document 16 Filed 01/31/24 Page 4 of 4 PageID #: 345