Guidelines for Setting and Resetting Hearings; Jury Evidence Recording System (JERS) Requirements; Judge Gilliland’s Frequently Asked Questions; AO85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge; ; ; ; ;

=== Guidelines for Setting and Resetting Hearings ===

Courtroom Guidance for Setting and Resetting Hearings Held before U.S. Magistrate Judge Derek T. Gilliland Judge Gilliland holds hearings on most discovery matters. As for non-discovery motions, the Court will hold a hearing if a party requests it. The Court can accommodate a variety of appearances by counsel for hearings set before U.S. Magistrate Judge Derek T. Gilliland. The Court recognizes that individual litigants may prefer to attend hearings in person or via Zoom. Parties are encouraged to meet and confer and provide a joint request on attendance preference (in person, zoom or hybrid) by emailing the Court’s law clerks at [email protected] and copying all counsel of record in the case. The email should indicate the parties’ attendance preference, the names of counsel appearing and whether confidential information will be shared so appropriate measures may be taken to seal the hearing. Once the Order Setting has been added to the docket, you may contact Judge Gilliland’s Courtroom Deputy for any questions regarding courtroom setup, courtroom decorum or procedures at [email protected]. The parties’ attendance in person or via Zoom will have no impact on the Court’s rulings. If either party requires a reset of the hearing once it has been added to the docket, parties are encouraged to meet and confer and provide a joint updated request that includes several alternate dates and times by emailing the Court’s law clerks at [email protected] and Judge Gilliland’s Courtroom Deputy at [email protected] in a timely manner. Despite the parties’ request, a hearing will proceed as originally scheduled until there is a notice from the Court resetting it or an Order Resetting added to the docket.

=== Jury Evidence Recording System (JERS) Requirements ===

Jury Evidence Recording System (JERS) Requirements Time Frame for Submitting Exhibits All files must be submitted based on the deadline set by the presiding Judge or CRD associated with your case. Your timeliness in submitting these files will assist the Court in preparing for the trial. Exhibits submitted that do not meet the Court’s requirements will be returned for correction. How to Submit Electronic Files All files must be provided on a single storage device such as USB or Box.com (file sharing). Requirements for Exhibit File Types All electronic evidence must be provided using the following formats: • • Documents and Photographs: .pdf, .jpg, .bmp, .tif, .gif, png, txt Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .mp4, .wma, .wav, .3gpp, asf VERY Important: The individual file size of documents (pdf) should not exceed 50 MB. Do not include active links or embedded launches in submitted PDF exhibits. The individual file size of audio and video should not exceed 500 MB. If possible, exhibits approaching or exceeding this size limit should be separated into multiple files. PDF documents can often be reduced significantly in size by using tools such as Adobe's "Reduce File Size" feature. Images can be significantly reduced in file size by lowering its resolution or dimensions, usually with minimal affect to viewing quality. Naming Your Files All file names MUST be named using the following naming convention. Not using this exact naming convention will cause problems in our office when uploading your exhibit files. The file name begins with the exhibit number, followed by an underscore to designate that the remaining text of the file name is the description of the exhibit. EXHIBIT Exhibit Number(underscore)Exhibit Description(.)File Exension Important Example: 1_Photograph of Gun.PDF Note: An underscore MUST be placed between the exhibit number and exhibit description. DO NOT use an underscore anywhere else in the exhibit file name. SUB EXHIBIT Exhibit Number(dash)Sub Letter(Underscore)Exhibit Description(.)File Extension Example: 1-A_Photograph of Gun Marked Up.pdf Limited to 200 characters Note: For Sub Exhibits, place a dash between exhibit number and sub letter. The underscore is then placed after the sub letter. Examples of Valid Exhibit File Names: Exhibit 1.Photograph 1.A.Photograph – Marked Up Exhibit File Name 1_Photograph.jpg 1-A_Photograph Marked.jpg 2.2009 Tax Return 2.A. Schedule F 2.A1. Schedule F Marked Up 2.A2. Schedule F Revised 2.B. Schedule H 2_2009 Tax Return.pdf 2-A_Schedule F.pdf 2-A1_Schedule F Marked Up.pdf 2-A2_Schedule F Revised.pd 2-B_Schedule H.pdf 3.Camera Footage 3_Camera Footage.wmv JERS Orders Exhibits in the following manner Exhibit # Part 1 1 1 1 1 1 1 1 1 A1 A2 AA1 AA2 AAA1 AAA2 B1 B2 Identifying Your Exhibits The exhibit number needs to be clearly displayed on the first page of each exhibit. i.e. “P 1” or “Plaintiff Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label: Important i.e. “D 1” or “Defendant Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label: i.e. “G 1” or “Government Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label: i.e. “J 1” or “Joint Exhibit 1” appended on the bottom right hand corner, either typed or written on the following label: 01/18/22

=== Judge Gilliland’s Frequently Asked Questions ===

FAQs for U.S. Magistrate Judge Derek T. Gilliland +Does Judge Gilliland require paper copies of exhibits, demonstratives or slides for in-person hearings? - Paper copies are not required but will be accepted by the court for hearing purposes if digital versions cannot be provided. +For Non-Patent Civil cases (including Notice of Removals), does Judge Gilliland require parties to submit a proposed scheduling order? - The Court will set a Scheduling Conference with the parties and in advance of the hearing, parties are to e-file a Rule 26(f) report and proposed scheduling order. Parties are to utilize the Scheduling Order Template located under the “Courtroom Guidance” tab and email the proposed joint scheduling order to [email protected]. +For Notice of Removal cases, does Judge Gilliland require Plaintiff’s to file a Complaint on the docket? - No. However, plaintiff is encouraged to review the state court petition and ensure it complies with federal law and contains sufficiently detailed allegations to support the causes of action and discovery plaintiff wishes to pursue. +What document type does Judge Gilliland prefer when submitting proposed orders and discovery charts? - Parties are to provide proposed orders and discovery charts in Microsoft Word format via email or if preferred, parties may request for documents to be submitted through a secure link through the US Court’s box.com. To request a secure link, please the Court’s Law Clerks at [email protected]. Parties are to utilize the Proposed Scheduling Order Template and the Discovery Dispute Chart Template located under the “Courtroom Guidance” tab. +When should slides/demonstratives/presentations be provided to the Court for hearings (in person or via zoom) held before Judge Gilliland? - Parties are encouraged to submit their exhibits, demonstratives or presentation slides for hearings at least one (1) hour except as otherwise instructed by the court before the hearing start time via email to opposing counsel and court staff at [email protected] and [email protected].

=== AO85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge ===

AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge UNITED STATES DISTRICT COURT for the __________ District of __________ Plaintiff v. Defendant Civil Action No. NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Printed names of parties and attorneys Signatures of parties or attorneys Dates IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Reference Order Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States magistrate judge. Do not return this form to a judge.

=== ProposedSchedulingOrderTemplate.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION Plaintiffs, v. Defendants. § § § § § § § § § § § § § § Case No. Jury Trial Demanded SCHEDULING ORDER On , the Court conducted a conference in the above entitled and numbered case. All parties appeared through counsel. As a result of such hearing, and pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the following schedule will govern deadlines up to and including the trial of this matter: Date Event Discovery commences on all issues. All motions to amend pleadings or to add parties shall be filed on or before this date. Fact Discovery Deadline. Fact discovery must be completed by this date. Any fact discovery requests must be propounded so that the responses are due by this date. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties on or before this date. All offers of settlement are to be private, not filed, and the Court is not to be advised of the same. The parties are further ORDERED to retain the written offers of settlement and responses as the Court will use these in assessing attorney’s fees and court costs at the conclusion of trial Parties with burden of proof to designate Expert Witnesses and provide their expert witness reports, to include all information required by Rule 26(a)(2)(B). Each opposing party shall respond, in writing, to the written offer of settlement made by the parties asserting claims for relief by this date. All offers of settlement are to be private, not filed, and the Court is not to be advised of the same. The parties are further ORDERED to retain the written offers of settlement and responses as the Court will use these in assessing attorney’s fees and court costs at the conclusion of trial Parties shall designate Rebuttal Expert Witnesses on issues for which the parties do not bear the burden of proof, and provide their expert witness reports, to include all information required by Rule 26(a)(2)(B). Expert Discovery Deadline. Expert discovery must be completed by this date. Any objection to the reliability of an expert’s proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection and identifying the objectionable testimony, not later than 14 days of receipt of the written report of the expert’s proposed testimony or not later than 14 days of the expert’s deposition, if a deposition is taken, whichever is later. The failure to strictly comply with this paragraph will be deemed a waiver of any objection that could have been made pursuant to Federal Rule of Evidence 702 All dispositive motions shall be filed and served on all other parties on or before this date and shall be limited to 25 pages. Responses shall be filed and served on all other parties not later than 14 days after the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties not later than 7 days after the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion. Deadline for parties desiring to consent to trial before the magistrate judge to submit Form AO 85, “Notice, Consent, And Reference Of A Civil Action To A Magistrate Judge,” available at https://www.uscourts.gov/forms/civil-forms/notice-consent-and- reference-civil-action-magistrate-judge. By this date the parties shall meet and confer to determine pre-trial deadlines, including, inter alia, exchange of exhibit lists, designations of and objections to deposition testimony, and exchange of demonstratives. By this date the parties shall exchange a proposed jury charge and questions for the jury. By this date the parties will also exchange draft Motions in Limine to determine which may be agreed. By this date the parties shall exchange any objections to the proposed jury charge, with supporting explanation and citation of controlling law. By this date the parties shall also submit to the Court their Motions in Limine. By this date the parties will submit to the Court their Joint Pre-Trial Order, including the identification of issues to be tried, identification of witnesses, trial schedule provisions, and all other pertinent information. By this date the parties will also submit to the Court their oppositions to Motions in Limine. Final Pre-Trial Conference. The parties shall provide to the Court an agreed jury charge with supported objections of each party, and proposed questions for the jury, at the final Pre-Trial Conference. Jury Selection at 9:00 a.m. Jury Trial Commences SIGNED this day of , 20 . DEREK T. GILLILAND UNITED STATES MAGISTRATE JUDGE AGREED: By: By: Attorneys for Plaintiffs Attorneys for Defendants

=== FINAL1122025-TEMPLATE-Standing-Order-for-Requesting-Transcripts-of-Hearings-Before-Magistrate-Judge-Gilliland.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION STANDING ORDER FOR REQUESTING TRANSCRIPTS OF HEARINGS BEFORE A MAGISTRATE JUDGE This Order applies to all transcript requests for hearings held before a Magistrate Judge. Generally, hearings held before a Magistrate Judge are not conducted before a live court reporter and are instead electronically recorded using a program called For the Record (“FTR”). You must review the “minute entry” of a proceeding to determine whether it was either: Reported by a court reporter (transcript available); or Audio-Recorded on FTR (copy of audio available and/or transcript available). For hearings Reported by a court reporter, the contact information for the reporter will appear on the minute entry, and a transcript can be obtained by: 1. Requesting the transcript (orally or by email) from the listed court reporter; 2. Completing Transcript Order Form (AO 435), flatten the PDF; and 3. File a Transcript Request in CM/ECF under “Other Documents” (see below). For hearings Audio-Recorded on FTR, a minute entry of the proceedings will list the Court Reporter as “FTR,” as shown in the below exemplar docket entry: For these Audio-Recorded hearings, a copy of the proceedings is available upon request and payment by either: Requesting a transcript of the digitally recorded court proceeding to be made by a A. court-approved reporter, OR 1 B. Ordering the audio recording, in a digital audio format. A party may not request both options, and once any party requests option (A), no audio recordings will be made available for purchase. Requests for either must be made in writing to Judge Derek T. Gilliland’s Courtroom Deputy Melissa Copp at [email protected], or to Judge Dan MacLemore’s Courtroom Deputy Abigail Ernstes at [email protected]. • To request a transcript, please also then complete steps (2) and (3) above (fill out AO435 Form and submit on CM/ECF). • To request an audio recording, please complete out the Audio Recording Order form (AO 436) and e-file the form to CM/ECF (using the same “Transcript Request” selection as discussed above). Please also submit a $34.00 payment made out to “Clerk, US District Court” and mail it to US Courthouse, 800 Franklin Ave., Room 380, Waco, Texas 76701. Please note that it is for a Tape Duplication of an Audio File in Case No XX-YYYY. NOTE ON OFFICIAL COURT TRANSCRIPTS Pursuant to 28 U.S.C. § 753(b) states: “No transcripts of the proceedings of the court shall be considered as official except those made from the records certified by the reporter or other individual designated to produce the record.” The statute, 28 U.S.C. § 753, requires the Court to supervise all aspects of the court reporting and transcription process. The Court has complete control over who produces an official transcript of court proceedings. While an attorney may create a transcript from a copy of a sound recording, that transcript will not be an official record suitable for filing with the Court unless the Court specifically approves it as the official record. Therefore, if any party intends to utilize a transcript, the Court highly recommends that parties request a transcript of a proceeding rather than an audio file. SIGNED this 9th day of January 2026. ________________________________ DAN MACLEMORE U.S. MAGISTRATE JUDGE _____________________________ DEREK T. GILLILAND U.S. MAGISTRATE JUDGE 2

=== Standing-Order-Regarding-Courtroom-Opportunities-For-Younger-Attorneys-061522.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNERYS The Court recognizes a growing trend in which fewer cases go to trial and there generally are few opportunities for attorneys to speak in court. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years (''Newer Attorney(s)"). Opportunities for Newer Attorneys to speak in federal court are increasingly rare. Accordingly, the Court strongly encourages litigants to be mindful of opportunities for Newer Attorneys to conduct oral argument, particularly where a Newer Attorney drafted or contributed significantly to a motion or response. The Court believes that all attorneys share the responsibility to assist in providing substantive experience to the next generation of lawyers and that the benefits of doing so accrue to Newer Attorneys, clients, and the profession generally. The Court strongly encourages all parties to keep this goal in mind. Recognizing the importance of developing future generations of practitioners through courtroom opportunities, the Court adopts the following procedures for all oral argument on motions and discovery disputes before Judge Gilliland: 1. If a party would like a Newer Attorney to argue a motion or discovery dispute, after the briefing is ripe, the party should contact the law clerk to request oral argument and inform the clerk that a Newer Attorney will argue the motion or a portion of the motion. 2. If such a request is made, the Court will: a. Grant the request for oral argument, if it is at all practicable to do so, even if the Court ordinarily would not permit oral argument on the motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will strongly weigh in favor of holding a hearing. b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing. c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument. d. Notify opposing counsel if such a request is granted and suggest opposing counsel reciprocate by permitting a Newer Attorney to make its argument. All attorneys, including Newer Attorneys, will be held to the highest professional standards. All attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with 1 the factual record and applicable law, and to have a degree of authority commensurate with the proceeding. The Court recognizes that there may be circumstances in which it is not appropriate for a Newer Attorney to argue a motion. The Court draws no inference from a party's decision not to have a Newer Attorney argue a motion before the Court. The Court also draws no inference regarding the importance of a particular motion, or the merits of a party's argument regarding the motion, from the party's decision to have (or not to have) a Newer Attorney argue the motion. SIGNED this 15th day of June, 2022. ____________________________________ DEREK T. GILLILAND UNITED STATES MAGISTRATE JUDGE 2

=== FINAL1122025-TEMPLATE-Standing-Order-Regarding-Motions-for-Extension-of-Time-DNM.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION § § § § § STANDING ORDER REGARDING MOTIONS FOR EXTENSION OF TIME Any standing order regarding joint or unopposed requests to change deadlines does not apply to cases referred to the undersigned. It is therefore ORDERED that in all cases referred to the undersigned, any requests to extend any deadline or to amend any portion of a scheduling order shall be made by motion; shall indicate in the title whether it is joint, unopposed, or contested; and shall include a proposed order. SIGNED this 9th day of January 2026. ______________________________ DAN MACLEMORE U.S. MAGISTRATE JUDGE _____________________________ DEREK T. GILLILAND U.S. MAGISTRATE JUDGE

=== FINAL1122025-TEMPLATE-Standing-Order-re-Sealed-Docs-and-Redactions-DNM.pdf ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION § § § § § STANDING ORDER REGARDING FILING DOCUMENTS UNDER SEAL AND REDACTED PUBLIC VERSIONS This Order applies to all patent cases pending before the undersigned. As a public forum, the Court has a policy of providing to the public full access to documents filed with the Court. Because parties in patent cases routinely file confidential information, this Order grants leave for any party in a patent case to file materials containing confidential information under seal. Parties need not file a separate motion for leave. The filing party shall file a publicly available, redacted version of any motion or pleading filed under seal within seven days. The parties need not file redacted versions of exhibits to such documents. Exhibits that are nonconfidential in their entirety should not be filed under seal at all. The parties shall coordinate to make sure that the publicly available version redacts information that any party deems confidential. Redactions should be targeted to redact only that information. The publicly available version shall be labeled “PUBLIC VERSION.” Cooperating to file the publicly available version shall not be deemed as agreeing that the redacted information is confidential. The Court will enter a sealed order to resolve a motion if either party filed its briefing under seal. The movant shall email a redacted version of the Court’s sealed order for publication within seven days after the Court enters the sealed order. The movant shall email the redacted, public version to the Court’s law clerk ([email protected]). SIGNED this 9th day of January 2026. _____________________________ DAN MACLEMORE U.S. MAGISTRATE JUDGE _____________________________ DEREK T. GILLILAND U.S. MAGISTRATE JUDGE 1