Standing Order Regarding Motions to Modify/Amend Docket Control Orders; Standing Order Regarding Motions for Extensions of Time to Answer; Standing Order Regarding Readiness for Status Conference; Exemption Order RE: Courtesy Paper Copies of Electronically-Filed Documents; Order Regarding Filing of

=== Standing Order Regarding Motions to Modify/Amend Docket Control Orders ===

ORDER REGARDING MOTIONS TO MODIFY/AMEND DOCKET CONTROL ORDERS In cases before the Honorable K. Nicole Mitchell, parties shall re-file a complete Docket Control Order in every instance where a motion to modify/amend a Docket Control Order is granted. The amended Docket Control Order shall incorporate the modified deadline(s) in addition to the deadlines that remain unchanged. So ORDERED and SIGNED this 7th day of October, 2013.

=== Standing Order Regarding Motions for Extensions of Time to Answer ===

ORDER REGARDING MOTIONS FOR EXTENSIONS OF TIME TO ANSWER The Court has seen an increasing number of unopposed motions for extensions of time to file answers in cases. These extensions often cause cases to languish on the Court’s docket for months and months before ever proceeding to scheduling conference.1 The Court seeks to efficiently resolve cases and get cases to trial as soon as possible. To further this goal, the Court hereby ORDERS that Defendants in every case shall first use the procedure set in place by Local Rule CV-12 regarding filing an Application for Extension of Time to Answer with the Clerk’s office rather than filing a Motion for Extension of Time. LOCAL RULE CV-12 Filing of Answers and Defenses An attorney may, by motion, request that the deadline be extended for a defendant to answer the complaint or file a motion under Fed. R. Civ. P. 12(b). Unless otherwise ordered by the court, where the requested extension: (1) is not opposed; and (2) is not more than thirty days and does not result in an overall extension of the defendant’s deadline exceeding forty-five days, the request shall be by application to the clerk, not motion. The application shall be acted upon with dispatch by the clerk on the court’s behalf, and the deadline to answer or otherwise respond is stayed pending action by the clerk. The Court further ORDERS that no additional extensions of time will be granted after a party exhausts the forty-five day deadline absent a showing of good cause. 1 The initial scheduling/status conference is what ultimately sets the litigation schedule and starts the case moving forward. So ORDERED and SIGNED this 7th day of October, 2013.

=== Standing Order Regarding Readiness for Status Conference ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION STANDING ORDER REGARDING READINESS FOR STATUS CONFERENCE The Court ORDERS the Plaintiff in each case file a notice that the case is ready for scheduling conference when all of the Defendants have either answered or filed a motion to transfer or dismiss. The notice shall be filed within five days of the last remaining Defendant’s answer or motion in the case. The notice shall include a list of any pending motions. For patent cases, the notice shall also include: (1) a list of any related cases previously filed in the Eastern District of Texas involving the same patent or patents; (2) the patent numbers for this case and any related case; and (3) the dates of any future Markman Hearing and/or Trial for related cases. So ORDERED and SIGNED this 7th day of October, 2013.

=== Exemption Order RE: Courtesy Paper Copies of Electronically-Filed Documents ===

EXEMPTION ORDER TO GENERAL ORDER 04-16 RE COURTESY PAPER COPIES OF ELECTRONICALLY-FILED DOCUMENTS In cases pending before the Honorable K. Nicole Mitchell, the parties are exempt from complying with General Order 04-16(cid:15) which requires the filing party to provide the presiding judge with paper copies of all electronically-filed documents over five pages in length. IT IS ORDERED that courtesy paper copies shall only be filed for Markman briefings and dispositive motions in patent cases unless specifically requested by the undersigned. So ORDERED and SIGNED this 17th day of November, 2023.

=== Order Regarding Filing of Social Security Transcripts ===

ORDER REGARDING FILING OF SOCIAL SECURITY TRANSCRIPTS Title 42 U.S.C. §405(g) provides in pertinent part that “as part of the Commissioner’s answer, the Commissioner of Social Security shall file a certified copy of the transcript of the record including the evidence upon which the findings and decision complained of are based.” It is accordingly ORDERED that effective immediately, a certified copy of the transcript in Social Security cases shall be filed as an attachment to the Commissioner’s answer. So ORDERED and SIGNED this 20th day of October, 2015.

=== Standing Order for Social Security Actions Under 42 U.S.C. § 405(g) ===

STANDING ORDER FOR SOCIAL SECURITY ACTIONS UNDER 42 U.S.C. § 405(g) This standing order governs all actions filed pursuant to 42 U.S.C. § 405(g) and assigned to the undersigned. The parties shall comply with the Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g). In addition, briefing filed before the court shall include the following: A statement of the exact issues presented for review, set forth in separate a. numbered paragraphs. A statement of the case. This statement should indicate, briefly, the course b. of the proceeding and its disposition at the administrative level and should set forth a general statement of the facts. This statement of the facts shall include plaintiff’s age, education, and work experience; an outline of the medical evidence; and a brief summary of other evidence of record. Each statement of fact shall be supported by a reference to the page in the record where the evidence may be found. c. An argument. The argument may be preceded by a summary. The argument shall be divided into sections separately treating each issue and must set forth the contentions of plaintiff with respect to the issues presented and reasons therefor. Each contention must be supported by specific reference to the portion of the record relied upon and by citations to statutes, regulations, and cases supporting plaintiff’s position. Cases from other districts and circuits should be cited only in conjunction with relevant cases from this jurisdiction or if authority on point from this jurisdiction does not exist. Citations to unreported district court opinions must be accompanied by a copy of the opinion. If plaintiff has moved for remand to the Secretary for further proceedings, the argument in support thereof must set forth good cause for remand. Furthermore, if the remand is for the purpose of taking additional evidence, such evidence must be attached to the brief, or, if such evidence is in the form of a consultation examination sought at government expense, plaintiff must make a proffer of the nature of the evidence anticipated to be obtained. A short conclusion stating the relief sought. The issues before the court are d. limited to the exact issues properly raised in the briefs. Any issue raised in the briefs but not discussed at oral argument, if one is held, will be deemed abandoned. e. Individually numbered pages. 1 2 So ORDERED and SIGNED this 30th day of November, 2022.

=== Protective Order ===

(Sample for patent cases) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ' ' ' CIVIL NO. ' ' PROTECTIVE ORDER WHEREAS, Plaintiff ______________ and Defendant _____________, et al., hereafter referred to as Athe Parties,@ believe that certain information that is or will be encompassed by discovery demands by the Parties involves the production or disclosure of trade secrets, confidential business information, or other proprietary information; WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with Federal Rule of Civil Procedure 26(c): THEREFORE, it is hereby stipulated among the Parties and ORDERED that: Each Party may designate as confidential for protection under this Order, in whole or in 1. part, any document, information or material that constitutes or includes, in whole or in part, confidential or proprietary information or trade secrets of the Party or a Third Party to whom the Party reasonably believes it owes an obligation of confidentiality with respect to such document, information or material (AProtected Material@). Protected Material shall be designated by the Party producing it by affixing a legend or stamp on such document, information or material as follows: ACONFIDENTIAL.@ The word ACONFIDENTIAL@ shall be placed clearly on each page of the Protected Material (except deposition and hearing transcripts) for which such protection is sought. For deposition and hearing transcripts, the word ACONFIDENTIAL@ shall be placed on the cover page of the transcript (if not already present on the cover page of the transcript when received from the court reporter) by each attorney receiving a copy of the transcript after that attorney receives notice of the designation of some or all of that transcript as ACONFIDENTIAL.@ 2. Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before issuance of this Order with the designation AConfidential@ or AConfidential - Outside Attorneys= Eyes Only@ shall receive the same treatment as if designated ARESTRICTED - ATTORNEYS= EYES ONLY@ under this Order, unless and until such document is redesignated to have a different classification under this Order. 3. With respect to documents, information or material designated ACONFIDENTIAL, ARESTRICTED - ATTORNEYS= EYES ONLY,@ or ARESTRICTED CONFIDENTIAL SOURCE CODE@ (ADESIGNATED MATERIAL@),1 subject to the provisions herein and unless otherwise stated, this Order governs, without limitation: (a) all documents, electronically stored information, and/or things as defined by the Federal Rules of Civil Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as exhibits or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings and other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions, extracts, digests and complete or partial summaries prepared from any DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and treated as such under this Order. 1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the class of materials designated as ACONFIDENTIAL,@ ARESTRICTED - ATTORNEYS= EYES ONLY,@ or ARESTRICTED CONFIDENTIAL SOURCE CODE,@ both individually and collectively. 4. A designation of Protected Material (i.e., ACONFIDENTIAL,@ ARESTRICTED - ATTORNEYS= EYES ONLY,@ or ARESTRICTED CONFIDENTIAL SOURCE CODE@ ) may be made at any time. Inadvertent or unintentional production of documents, information or material that has not been designated as DESIGNATED MATERIAL shall not be deemed a waiver in whole or in part of a claim for confidential treatment. Any party that inadvertently or unintentionally produces Protected Material without designating it as DESIGNATED MATERIAL may request destruction of that Protected Material by notifying the recipient(s), as soon as reasonably possible after the producing Party becomes aware of the inadvertent or unintentional disclosure, and providing replacement Protected Material that is properly designated. The recipient(s) shall then destroy all copies of the inadvertently or unintentionally produced Protected Materials and any documents, information or material derived from or based thereon. 5. ACONFIDENTIAL@ documents, information and material may be disclosed only to the following persons, except upon receipt of the prior written consent of the designating party, upon order of the Court, or as set forth in paragraph 12 herein: outside counsel of record in this Action for the Parties; employees of such counsel assigned to and reasonably necessary to assist such (a) (b) counsel in the litigation of this Action; in-house counsel for the Parties who either have responsibility for making (c) decisions dealing directly with the litigation of this Action, or who are assisting outside counsel in the litigation of this Action; up to and including three (3) designated representatives of each of the Parties to the (d) extent reasonably necessary for the litigation of this Action, except that either party may in good faith request the other party=s consent to designate one or more additional representatives, the other party shall not unreasonably withhold such consent, and the requesting party may seek leave of Court to designate such additional representative(s) if the requesting party believes the other party has unreasonably withheld such consent; outside consultants or experts (i.e., not existing employees or affiliates of a Party or an affiliate of a Party) retained for the purpose of this litigation, provided that: (1) such consultants or experts are not presently employed by the Parties hereto for purposes other than this Action; (2) before access is given, the consultant or expert has completed the Undertaking attached as Exhibit A hereto and the same is served upon the producing (e) Party with a current curriculum vitae of the consultant or expert at least ten (10) days before access to the Protected Material is to be given to that consultant or Undertaking to object to and notify the receiving Party in writing that it objects to disclosure of Protected Material to the consultant or expert. The Parties agree to promptly confer and use good faith to resolve any such objection. If the Parties are unable to resolve any objection, the objecting Party may file a motion with the Court within fifteen (15) days of the notice, or within such other time as the Parties may agree, seeking a protective order with respect to the proposed disclosure. The objecting Party shall have the burden of proving the need for a protective order. No disclosure shall occur until all such objections are resolved by agreement or Court order; independent litigation support services, including persons working for or as court reporters, graphics or design services, jury or trial consulting services, and photocopy, document imaging, and database services retained by counsel and reasonably necessary to assist counsel with the litigation of this Action; and the Court and its personnel. 6. A Party shall designate documents, information or material as ACONFIDENTIAL@ (f) (g) only upon a good faith belief that the documents, information or material contains confidential or proprietary information or trade secrets of the Party or a Third Party to whom the Party reasonably believes it owes an obligation of confidentiality with respect to such documents, information or material. 7. Documents, information or material produced pursuant to any discovery request in this Action, including but not limited to Protected Material designated as DESIGNATED MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not be used for any other purpose. Any person or entity who obtains access to DESIGNATED MATERIAL or the contents thereof pursuant to this Order shall not make any copies, duplicates, extracts, summaries or descriptions of such DESIGNATED MATERIAL or any portion thereof except as may be reasonably necessary in the litigation of this Action. Any such copies, duplicates, extracts, summaries or descriptions shall be classified DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order. 8. To the extent a producing Party believes that certain Protected Material qualifying to be designated CONFIDENTIAL is so sensitive that its dissemination deserves even further limitation, the producing Party may designate such Protected Material ARESTRICTED - ATTORNEYS= EYES ONLY,@ or to the extent such Protected Material includes computer source code and/or live data (that is, data as it exists residing in a database or databases) (ASource Code Material@), the producing Party may designate such Protected Material as ARESTRICTED CONFIDENTIAL SOURCE CODE.@ 9. For Protected Material designated RESTRICTED -- ATTORNEYS= EYES ONLY, access to, and disclosure of, such Protected Material shall be limited to individuals listed in paragraphs 5(a-c) and (e-g); provided, however, that access by in-house counsel pursuant to paragraph 5(c) be limited to in-house counsel who exercise no competitive decision-making authority on behalf of the client. 10. For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE, the following additional restrictions apply: Access to a Party=s Source Code Material shall be provided only on Astand-alone@ (a) computer(s) (that is, the computer may not be linked to any network, including a local area network (ALAN@), an intranet or the Internet). The stand-alone computer(s) may be connected to (i) a printer, or (ii) a device capable of temporarily storing electronic copies solely for the limited purposes permitted pursuant to paragraphs 10 (h and k) below. Additionally, except as provided in paragraph 10(k) below, the stand-alone computer(s) may only be located at the offices of the producing Party=s outside counsel; (b) The receiving Party shall make reasonable efforts to restrict its requests for such access to the stand-along computer(s) to normal business hours, which for purposes of this paragraph shall be 8:00 a.m. through 6:00 p.m. However, upon reasonable notice from the receiving party, the producing Party shall make reasonable efforts to accommodate the receiving Party=s request for access to the stand-alone computer(s) outside of normal business hours. The Parties agree to cooperate in good faith such that maintaining the producing Party=s Source Code Material at the offices of its outside counsel shall not unreasonably hinder the receiving Party=s ability to efficiently and effectively conduct the prosecution or defense of this Action; The producing Party shall provide the receiving Party with information explaining (c) how to start, log on to, and operate the stand-alone computer(s) in order to access the produced Source Code Material on the stand-alone computer(s); (d) format on the stand-alone computer(s) as described above; (e) Access to Protected Material designated RESTRICTED CONFIDENTIAL - The producing Party will produce Source Code Material in computer searchable shall be limited to outside counsel and up to three (3) outside SOURCE CODE consultants or experts2 (i.e., not existing employees or affiliates of a Party or an affiliate of a Party) retained for the purpose of this litigation and approved to access such Protected Materials pursuant to paragraph 5(e) above. A receiving Party may include excerpts of Source Code Material in a pleading, exhibit, expert report, discovery document, deposition transcript, other Court document, provided that the Source Code Documents are appropriately marked under this Order, restricted to those who are entitled to have access to them as specified herein, and, if filed with the Court, filed under seal in accordance with the Court=s rules, procedures and orders; To the extent portions of Source Code Material are quoted in a Source Code Document, either (1) the entire Source Code Document will be stamped and treated as RESTRICTED CONFIDENTIAL SOURCE CODE or (2) those pages containing quoted Source Code Material will be separately stamped and treated as RESTRICTED CONFIDENTIAL SOURCE CODE; Except as set forth in paragraph 10(k) below, no electronic copies of Source Code (g) Material shall be made without prior written consent of the producing Party, except as necessary to create documents which, pursuant to the Court=s rules, procedures and order, must be filed or served electronically; The receiving Party shall be permitted to make a reasonable number of printouts (h) and photocopies of Source Code Material, all of which shall be designated and clearly labeled ARESTRICTED CONFIDENTIAL SOURCE CODE,@ and the receiving Party shall maintain a log of all such files that are printed or photocopied; Should such printouts or photocopies be transferred back to electronic media, such media shall be labeled ARESTRICTED CONFIDENTIAL SOURCE CODE@ and shall continue to be treated as such; If the receiving Party=s outside counsel, consultants, or experts obtain printouts or (j) photocopies of Source Code Material, the receiving Party shall ensure that such outside counsel, consultants, or experts keep the printouts or photocopies in a secured locked area in the offices of such outside counsel, consultants, or expert. The receiving Party may also temporarily keep the printouts or photocopies at: (i) the Court for any proceedings(s) relating to the Source Code Material, for the dates associated with the proceeding(s); (ii) the sites where any deposition(s) relating to the Source Code Material are taken, for the dates associated with the deposition(s); and (iii) any intermediate location reasonably necessary to transport the printouts or photocopies (e.g., a hotel prior to a Court proceeding or deposition); and (f) (i) 2 For the purposes of this paragraph, an outside consultant or expert is defined to include the outside consultant=s or expert=s direct reports and other support personnel, such that the disclosure to a consultant or expert who employs others within his or her firm to help in his or her analysis shall count as a disclosure to a single consultant or expert. A producing Party=s Source Code Material may only be transported by the (k) receiving Party at the direction of a person authorized under paragraph 10(e) above to another person authorized under paragraph 10(e) above, on paper or removable electronic media (e.g., a DVD, CD-ROM, or flash memory Astick@) via hand carry, Federal Express or other similarly reliable courier. Source Code Material may not be transported or transmitted electronically over a network of any kind, including a LAN, an intranet, or the Internet. Source Code Material may only be transported electronically for the purpose of Court proceeding(s) or deposition(s) as set forth in paragraph 10(j) above and is at all times subject to the transport restrictions set forth herein. But, for those purposes only, the Source Code Materials may be loaded onto a stand-alone computer. Any attorney representing a Party, whether in-house or outside counsel, and any person 11. associated with a Party and permitted to receive the other Party=s Protected Material that is designated RESTRICTED -- ATTORNEYS= EYES ONLY and/or RESTRICTED CONFIDENTIAL SOURCE CODE (collectively AHIGHLY SENSITIVE MATERIAL@), who obtains, receives, has access to, or otherwise learns, in whole or in part, the other Party=s HIGHLY SENSITIVE MATERIAL under this Order shall not prepare, prosecute, supervise, or assist in the preparation or prosecution of any patent application pertaining to the field of the invention of the patents-in-suit on behalf of the receiving Party or its acquirer, successor, predecessor, or other affiliate during the pendency of this Action and for one year after its conclusion, including any appeals. To ensure compliance with the purpose of this provision, each Party shall create an AEthical Wall@ between those persons with access to HIGHLY SENSITIVE MATERIAL and any individuals who, on behalf of the Party or its acquirer, successor, predecessor, or other affiliate, prepare, prosecute, supervise or assist in the preparation or prosecution of any patent application pertaining to the field of invention of the patent-in-suit. 4. Nothing in this Order shall require production of documents, information or other material that a Party contends is protected from disclosure by the attorney-client privilege, the work product doctrine, or other privilege, doctrine, or immunity. If documents, information or other material subject to a claim of attorney-client privilege, work product doctrine, or other privilege, doctrine, or immunity is inadvertently or unintentionally produced, such production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, any such privilege, doctrine, or immunity. Any Party that inadvertently or unintentionally produces documents, information or other material it reasonably believes are protected under the attorney-client privilege, work product doctrine, or other privilege, doctrine, or immunity may obtain the return of such documents, information or other material by promptly notifying the recipient(s) and providing a privilege log for the inadvertently or unintentionally produced documents, information or other material. The recipient(s) shall gather and return all copies of such documents, information or other material to the producing Party, except for any pages containing privileged or otherwise protected markings by the recipient(s), which pages shall instead be destroyed and certified as such to the producing Party. 13. There shall be no disclosure of any DESIGNATED MATERIAL by any person authorized to have access thereto to any person who is not authorized for such access under this Order. The Parties are hereby ORDERED to safeguard all such documents, information and material to protect against disclosure to any unauthorized persons or entities. 14. Nothing contained herein shall be construed to prejudice any Party=s right to use any DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided that the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible to have access to the DESIGNATED MATERIAL by virtue of his or her employment with the designating party, (ii) identified in the DESIGNATED MATERIAL as an author, addressee, or copy recipient of such information, (iii) although not identified as an author, addressee, or copy recipient of such DESIGNATED MATERIAL, has, in the ordinary course of business, seen such DESIGNATED MATERIAL, (iv) a current or former officer, director or employee of the producing Party or a current or former officer, director or employee of a company affiliated with the producing Party; (v) counsel for a Party, including outside counsel and in-house counsel (subject to paragraph 9 of this Order); (vi) an independent contractor, consultant, and/or expert retained for the purpose of this litigation; (vii) court reporters and videographers; (viii) the Court; or (ix) other persons entitled hereunder to access to DESIGNATED MATERIAL. DESIGNATED MATERIAL shall not be disclosed to any other persons unless prior authorization is obtained from counsel representing the producing Party or from the Court. 15. Parties may, at the deposition or hearing or within thirty (30) days after receipt of a deposition or hearing transcript, designate the deposition or hearing transcript or any portion thereof as ACONFIDENTIAL,@ ARESTRICTED - ATTORNEY= EYES ONLY,@ or ARESTRICTED CONFIDENTIAL SOURCE CODE@ pursuant to this Order. Access to the deposition or hearing transcript so designated shall be limited in accordance with the terms of this Order. Until expiration of the 30-day period, the entire deposition or hearing transcript shall be treated as confidential. 16. Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal and shall remain under seal until further order of the Court. The filing party shall be responsible for informing the Clerk of the Court that the filing should be sealed and for placing the legend AFILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER@ above the caption and conspicuously on each page of the filing. Exhibits to a filing shall conform to the labeling requirements set forth in this Order. If a pretrial pleading filed with the Court, or an exhibit thereto, discloses or relies on confidential documents, information or material, such confidential portions shall be redacted to the extent necessary and the pleading or exhibit filed publicly with the Court. 17. The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial of this Action, or from using any information contained in DESIGNATED MATERIAL at the trial of this Action, subject to any pretrial order issued by this Court. 18. A Party may request in writing to the other Party that the designation given to any DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does not agree to redesignation within ten (10) days of receipt of the written request, the requesting Party may apply to the Court for relief. Upon any such application to the Court, the burden shall be on the designating Party to show why its classification is proper. Such application shall be treated procedurally as a motion to compel pursuant to Federal Rules of Civil Procedure 37, subject to the Rule=s provisions relating to sanctions. In making such application, the requirements of the Federal Rules of Civil Procedure and the Local Rules of the Court shall be met. Pending the Court=s determination of the application, the designation of the designating Party shall be maintained. 19. Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in accordance with the terms of this Order shall be advised by counsel of the terms of this Order, shall be informed that he or she is subject to the terms and conditions of this Order, and shall sign an acknowledgment that he or she has received a copy of, has read, and has agreed to be bound by this Order. A copy of the acknowledgment form is attached as Appendix A. 20. To the extent that any discovery is taken of persons who are not Parties to this Action (AThird Parties@) and in the event that such Third Parties contended the discovery sought involves trade secrets, confidential business information, or other proprietary information, then such Third Parties may agree to be bound by this Order. 21. To the extent that discovery or testimony is taken of Third Parties, the Third Parties may designate as ACONFIDENTIAL@ or ARESTRICTED -- ATTORNEYS= EYES ONLY@ any documents, information or other material, in whole or in part, produced or give by such Third Parties. The Third Parties shall have ten (10) days after production of such documents, information or other materials to make such a designation. Until that time period lapses or until such a designation has been made, whichever occurs sooner, all documents, information or other material so produced or given shall be treated as ACONFIDENTIAL@ in accordance with this Order. 22. Within thirty (30) days of final termination of this Action, including any appeals, all DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes, summaries, descriptions, and excerpts or extracts thereof (excluding excerpts or extracts incorporated into any privileged memoranda of the Parties and materials which have been admitted into evidence in this Action), shall at the producing Party=s election either be returned to the producing Party or be destroyed. The receiving Party shall verify the return or destruction by affidavit furnished to the producing Party, upon the producing Party=s request. 23. The failure to designate documents, information or material in accordance with this Order and the failure to object to a designation at a given time shall not preclude the filing of a motion at a later date seeking to impose such designation or challenging the propriety thereof. The entry of this Order and/or the production of documents, information and material hereunder shall in no way constitute a waiver of any objection to the furnishing thereof, all such objections being hereby preserved. 24. Any Party knowing or believing that any other party is in violation of or intends to violate this Order and has raised the question of violation or potential violation with the opposing party and has been unable to resolve the matter by agreement may move the Court for such relief as may be appropriate in the circumstances. Pending disposition of the motion by the Court, the Party alleged to be in violation of or intending to violate this Order shall discontinue the performance of and/or shall not undertake the further performance of any action alleged to constitute a violation of this Order. 25. Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a publication of the documents, information and material (or the contents thereof) produced so as to void or make voidable whatever claim the Parties may have as to the proprietary and confidential nature of the documents, information or other material or its contents. 26. Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of any kind on the rights of each of the Parties to assert any applicable discovery or trial privilege. 27. Each of the Parties shall also retain the right to file a motion with the Court (a) to modify this Order to allow disclosure of DESIGNATED MATERIAL to additional persons or entities if reasonably necessary to prepare and present this Action and (b) to apply for additional protection of DESIGNATED MATERIAL. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ' ' ' ' ' APPENDIX A UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING PROTECTIVE ORDER I, ____________________________________________, declare that: 1. My address is ______________________________________________________. My current employer is _________________________________________________________. My current occupation is ________________________________________________________. 2. 3. I have received a copy of the Protective Order in this action. I have carefully read and understand the provisions of the Protective Order. I will comply with all of the provisions of the Protective Order. I will hold in confidence, will not disclose to anyone not qualified under the Protective Order, and will use only for purposes of this action any information designated as ACONFIDENTIAL,@ “RESTRICTED—ATTORNEYS’ EYES ONLY,” or “RESTRICTED -- ATTORNEYS= EYES ONLY,@ or ARESTRICTED CONFIDENTIAL SOURCE CODE” that is disclosed to me. 4. Promptly upon termination of these actions, I will return all documents and things designated as ACONFIDENTIAL,@ ARESTRICTED B ATTORNEYS= EYES ONLY,@ or ARESTRICTED CONFIDENTIAL SOURCE CODE@ that came into my possession, and all documents and things that I have prepared relating thereto, to the outside counsel for the party by whom I am employed. 5. I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the Protective Order in this action. I declare under penalty of perjury that the foregoing is true and correct. Signature ________________________________________ Date ____________________________________________

=== Consent to Proceed Before Magistrate Judge ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ' ' ' Civil Action No. ' ' CONSENT TO PROCEED BEFORE UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. Section 636(c), you are hereby notified that a United States Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court=s trial jurisdiction from being exercised by a magistrate judge. An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. NOTICE In accordance with the provisions of 28 U.S.C. 636(c), the parties in this case hereby voluntarily consent to have a United States Magistrate Judge conduct any and all further proceedings in the case, including trial, order the entry of a final judgment, and conduct all post-judgment proceedings. Signatures Party Represented Date ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________

=== Protective Order ===

PROTECTIVE ORDER This Protective Order is issued to facilitate document disclosure and production under the Local Rules of this Court and the Federal Rules of Civil Procedure. Unless modified pursuant to the terms contained in this Order, this Order shall remain in effect through the conclusion of this litigation. 1. 2. 3. 4. 1. 2. 3. In support of this order, the Court finds that: Documents or information containing confidential proprietary and business information and/or trade secrets (“Confidential Information”) that bear significantly on the parties’ claims or defenses is likely to be disclosed or produced during the course of discovery in this litigation; The parties to this litigation may assert that public dissemination and disclosure of Confidential Information could severely injure or damage the party disclosing or producing the Confidential Information and could place that party at a competitive disadvantage; Counsel for the party or parties receiving Confidential Information are presently without sufficient information to accept the representation(s) made by the party or parties producing Confidential Information as to the confidential, proprietary, and/or trade secret nature of such Confidential Information; and To protect the respective interests of the parties and to facilitate the progress of disclosure and discovery in this case, the following Order should issue: IT IS THEREFORE ORDERED THAT: Documents or discovery responses containing Confidential Information disclosed or produced by any party in this litigation are referred to as “Protected Documents.” Except as otherwise indicated below, all documents or discovery responses designated by the producing party as “Confidential” and which are disclosed or produced to the attorney’s for the other parties to this litigation are Protected Documents and are entitled to confidential treatment as described below. Protected Documents shall not include (a) advertising materials, (b) materials that on their face show that they have been published to the general public, or (c) documents that have submitted to any governmental entity without request for confidential treatment. At any time after the delivery of Protected Documents, counsel for the party or parties receiving the Protected Documents may challenge the Confidential designation of all or any portion thereof by providing written notice thereof to counsel for the party disclosing or producing the Protected Documents. If the parties are unable to agree as to whether the confidential designation of discovery material is appropriate, the party or parties receiving the Protected Documents shall certify to the Court that the parties cannot reach an agreement as to the confidential nature of all or a portion of the Protected Documents. Thereafter, the party or parties disclosing or producing the Protected Documents shall have ten (10) days from the date of certification to file a motion for protective order with regard to any Protected Documents in dispute. The party or parties producing the Protected Documents shall have the burden of establishing that the disputed Protected Documents are entitled to confidential treatment. If the party or parties producing the Protected Documents do not timely file a motion for protective order, then the Protected Documents in dispute shall no longer be subject to confidential treatment as provided in this Order. All Protected Documents are entitled to confidential treatment pursuant to the terms of this Order until and unless the parties formally agree in writing to the contrary, a party fails to timely move for a protective order, or a contrary determination is made by the Court as to whether all or a portion of a Protected Document is entitled to confidential treatment. Confidential Treatment. Protected Documents and any information contained therein shall not be used or shown, disseminated, copied, or in any way communicated to anyone for any purpose whatsoever, except as provided for below. Protected Documents and any information contained therein shall be disclosed only to the following persons (“Qualified Persons”): 1. 2. Counsel of record in this action for the party receiving Protected Documents or any information contained therein; Employees of such counsel (excluding experts and investigators) assigned to and necessary to assist such counsel in the preparation and trial of this action; and 3. The Court. Protected Documents and any information contained therein shall be used solely for the prosecution of this litigation. Counsel of record for the party or parties receiving Protected Documents may create an index of the Protected Documents and furnish it to attorneys of record representing or having represented parties involved in litigation involving the claims alleged in this suit against the party or parties disclosing or producing the Protected Documents. The index may only identify the document, date, author, and general subject matter of any Protected Document, but may not reveal the substance of any such document. Counsel for the party or parties receiving Protected Documents shall maintain a current log of the names and addresses of persons to whom the index was furnished 4. 5. 6. 7. The term “copy” as used herein means any photographic, mechanical or computerized copy or reproduction of any document or thing, or any verbatim transcript, in whole or in part, of such document or thing. 8. 9. 10. 11. 12. 13. 14. 15. To the extent that Protected Documents or information contained therein are used in depositions, at hearings, or at trial, such documents or information shall remain subject to the provisions of this Order, along with the transcript pages of the deposition testimony and/or trial testimony referring to the Protected Documents or information contained therein. Any court reporter or transcriber who reports or transcribes testimony in this action shall agree that all “confidential” information designated as such under this Order shall remain “confidential” and shall not be disclosed by them, except pursuant to the terms of this Order, and that any notes or transcriptions of such testimony (and any accompanying exhibits) will be retained by the reporter or delivered to counsel of record. Inadvertent or unintentional production of documents or information containing Confidential Information which are not designated “confidential” shall not be deemed a waiver in whole or in part of a claim for confidential treatment. The party or parties receiving Protected Documents shall not under any circumstances sell, offer for sale, advertise, or publicize Protected Documents or any information contained therein. After termination of this litigation, the provisions of this Order shall continue to be binding, except with respect to those documents and information that become a matter of public record. This Court retains and shall have continuing jurisdiction over the parties and recipients of the Protected Documents for enforcement of the provisions of this Order following termination of this litigation. Upon termination of this action by dismissal, judgment, or settlement, counsel for the party or parties receiving Protected Documents shall return the Protected Documents to the counsel for the party or parties disclosing or producing the Protected Documents. The party or parties receiving the Protected Documents shall keep their attorney work product which refers or relates to any Protected Documents. Attorney work product may be used in subsequent litigation provided that such use does not disclose Protected Documents or any information contained therein. This Order shall be binding upon the parties and their attorneys, successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations over which they have control. The Court anticipates and encourages the parties to file a motion to modify the terms hereof with respect to the sharing of Protected Documents with experts and consultants; shifting the cost burden of production equitably; and other terms that may be reasonably required to protect a party as provided in Rule 26(b) or (c) of the Federal Rules of Civil Procedure.

=== Consent to Proceed Before Magistrate Judge ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ' ' ' Civil Action No. ' ' CONSENT TO PROCEED BEFORE UNITED STATES MAGISTRATE JUDGE In accordance with the provisions of 28 U.S.C. Section 636(c), you are hereby notified that a United States Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial, and to order the entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if all parties voluntarily consent. You may, without adverse substantive consequences, withhold your consent, but this will prevent the court=s trial jurisdiction from being exercised by a magistrate judge. An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. NOTICE In accordance with the provisions of 28 U.S.C. 636(c), the parties in this case hereby voluntarily consent to have a United States Magistrate Judge conduct any and all further proceedings in the case, including trial, order the entry of a final judgment, and conduct all post-judgment proceedings. Signatures Party Represented Date ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________ ___________________________ _________________________ ______________

=== Practice Pointers ===

Contacting Chambers PRACTICE POINTERS The Court permits counsel to contact chambers personnel for assistance. However, the Court admonishes counsel to read all orders provided in the case, the local rules, and information provided on this website before contacting chambers. The Court wants chambers personnel to be available to assist counsel; however, unnecessary phone calls to chambers are discouraged. Questions concerning scheduling matters in criminal and civil cases shall be directed to Lisa Hardwick. Questions concerning substantive matters in criminal or civil cases shall be directed to Judge Mitchell=s Law Clerk(s). Courtroom Procedures Counsel shall stand when addressing the Court. Further, when questioning witnesses or arguing to the Court or jury, counsel should do so from the podium and approach the witness stand or jury box only with the Court=s permission. Please stand when the jury enters or leaves the courtroom. Motion Practice Counsel are encouraged to make every effort to resolve discovery issues without the necessity of Court intervention. The Court looks with disfavor on discovery motions, unless they are of substantial import and the parties have worked diligently to resolve them by agreement. Counsel are encouraged to use jump cites in cases cited to the Court and to provide specific citations to the record. Further, Counsel may request oral argument in their motion or response. Finally, the Court requests that the parties be judicious in their requests to exceed the page limits provided for in the local rules. In this Court, less is better. Objections Speaking objections are prohibited. Counsel should simply state the objection and the basis for the objection without argument, i.e., AObjection. Hearsay,@ or AObjection. Leading.@

=== Trial ===

Magistrate Judge K. Nicole Mitchell Trial Voir Dire The Court will conduct a general voir dire of the jury panel. Counsel will then be permitted to examine the panel on issues pertaining to the case for approximately ten to fifteen minutes. At the pre-trial conference, counsel may request more time to examine the panel. Voir Dire should not be used to argue the merits of the case. Opening Statement The Court allows a full and complete opening statement, the length of which will be discussed at the pretrial conference Time Limits Typically, in complex cases, the Court will request estimates from the parties concerning the length of time each party needs to try their case. The Court encourages parties to provide their time estimates with an eye toward using the jury and the Court’s time efficiently. At the pre- trial conference, the Court will advise the parties as to the amount of time the parties have to try their case. Witnesses and Witness Lists The Court prefers to swear in all witnesses available and in attendance at the beginning of an evidentiary hearing or trial. (For Bench and Jury Trials, this would occur after opening statements.) Witnesses are normally asked to step before the Courtroom Deputy’s Bench, state their name for the record, and be sworn. On all Video Depositions, the video and the edited transcript of the proceedings should be filed with the Courtroom Deputy at the conclusion of the video deposition testimony. Counsel should designate their witnesses on their witness lists as follows: (A) Names of witnesses that will be called. (B) Names of witnesses that may be called; and C) Names of witnesses that could be, but probably will not be called. See Witness List under SAMPLE FORMS. Exhibits and Exhibit Lists Each party should provide the Court with an original and one courtesy copies of exhibits and exhibit lists at the beginning of trial or evidentiary hearing. See Exhibit List under SAMPLE FORMS. If exhibits are voluminous, original exhibits should be placed in folders properly labeled with Exhibit Number in a standard-sized box with handles. The first page of each exhibit shall be labeled with the following information: Description of Plaintiff’s or Defendant’s Exhibit Number and Case Number. For example: On the courtesy copy, parties are to provide only specific pages that pertain to the issues and the courtesy copy shall be placed in notebook binders for the Court’s use. All original exhibits that are agreed upon by the parties, should be tendered to the Courtroom Deputy at the beginning of the trial or hearing. Other exhibits admitted during trial or hearing should be tendered to the Courtroom Deputy immediately after admission. Mediation Typically, the Court orders each case to mediation. At the scheduling conference, the Court expects to enter a mediation order appointing a mediator and setting a mediation schedule. The parties should attempt to agree on a mediator prior to the scheduling conference. Settlement Counsel should notify the Court immediately of any settlement. When the Court has been advised that a case has settled, the Court will typically notify the parties that failure to file dismissal papers within forty-five days of the notice will result in the case being dismissed on the Court’s own motion.

=== Exhibit List ===

(Sample) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION JOHN D. LOVE Judge Presiding Jury Trial/Hearing Date(s): Plaintiff v. Defendant CASE NO. PLAINTIFF’S EXHIBIT LIST Plaintiff’s Attorney(s): Defendant’s Attorneys: Court Reporter: Courtroom Deputy: Mechele Morris DFT EXH NO. PLTF EXH. NO. 1 2 3 DESCRIPTION Expert Report Brochure E-mail M a r k e d O f f e r e d O b j e c ti o n A d m it t e d C a t e g o r y A B C BATES NO. 0000-0001 0000-0002 0000-0003 DATE WITNESS

=== Witness List ===

IN UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION vs. § § § § § CASE NO. PLAINTIFF’S TRIAL WITNESS LIST Plaintiff, _________, pursuant to the Court’s Docket Control Order entered in this case, files this Trial Witness List for identification and categorization of trial witnesses. At this time, Plaintiff identifies the following witnesses for trial: (A) WILL CALL (B) M AY CALL (C) MAY, BUT PROBABLY WILL NOT CALL WITNESS 1. Expert 2. Jane Doe 3. John Doe 4. 5. 6. 7.