Standing Order Regarding Submission of Letter Briefs; Standing Order Regarding Mock Juries for Cases; Standing Order for Civil Actions Assigned to Judge Roy S. Payne; Exemption Order Regarding Courtesy Paper Copies of Electronically-Filed Documents; Standing Order for Social Security; Protective Ord

=== Standing Order Regarding Submission of Letter Briefs ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS STANDING ORDER REGARDING SUBMISSION OF LETTER BRIEFS FOR CASES ASSIGNED TO JUDGE RODNEY GILSTRAP AND JUDGE ROY S. PAYNE For certain purposes, this Court requires parties to submit letter briefs to the Court. Where the Court has required submission of a letter brief, the filing procedure is as follows. The letter brief should be addressed to either United States District Judge Rodney Gilstrap or United States Magistrate Judge Roy S. Payne, as appropriate, and filed electronically by attaching the letter brief as an Exhibit to a Notice of Compliance referencing the order that directed the submission of the letter brief. Said Notice must comply with all applicable local rules. Attached hereto is an exemplar of a Notice of Compliance. All letter briefs, unless specifically directed otherwise by a case-specific order, are to be submitted without attachments. This Order shall apply to all cases assigned to either United States District Judge Rodney Gilstrap or United States Magistrate Judge Roy S. Payne regardless of the division within the district in which such cases were originally filed. . ____________________________________RODNEY GILSTRAPUNITED STATES DISTRICT JUDGESIGNED this 19th day of December, 2011.So ORDERED and SIGNED this 3rd day of February, 2012. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION P., INC., v. Plaintiff, D. CORPORATION, et al., Defendants. § § § § § § § § CIVIL ACTION NO. 2:12-CV-999 NOTICE OF COMPLIANCE WITH COURT’S MOTION PRACTICE ORDER In compliance with the Court’s Motion Practice Order (Dkt. No. 20), D. Corporation files this Notice of its letter to the Court requesting permission to file a motion for summary judgment that no asserted claim of U.S. Patent No. 1,234,567 is infringed by the accused device. A copy of the letter is attached as Exhibit 1. Respectfully Submitted, Dated: January 20, 2012 By: /s/ Charles B. Attorney Charles B. Attorney (admitted pro hac vice) [email protected] DEFENSE FIRM, LLP 100 N. Legal St. Anywhere, Texas 00000 Telephone: 800-555-1212 Facsimile: 866-555-1212 EXEMPLAR Attorney for Defendant D. Corporation CERTIFICATE OF SERVICE The undersigned certifies that on the 20th day of January, 2012, the foregoing pleading was electronically filed with the Court. Pursuant to Local Rule CV-5, this constitutes service on the following counsel: James K. Lawyer [email protected] PATENT ENFORCERS FIRM LLC 100 Somewhere Else, CA 00000 Phone: 800-555-1212 Fax: 866-555-1212 By: /s/ Charles B. Attorney Charles B. Attorney (admitted pro hac vice) [email protected] DEFENSE FIRM, LLP 100 N. Legal St. Anywhere, Texas 00000 Telephone: 800-555-1212 Facsimile: 866-555-1212 EXEMPLAR EXHIBIT 1 EXEMPLAR DEFENSE FIRM, LLP Charles B. Attorney 800-555-1212 (t) 866-555-1212 (f) [email protected] January 20, 2012 The Honorable Rodney Gilstrap U.S. District Court for the Eastern District of Texas 100 East Houston Street Marshall, TX 75670 Re: P., Inc. v. D. Corp., Civil Action No. 2:12-CV-999 Dear Judge Gilstrap: Defendant D. Corp. respectfully requests permission to file a motion for summary judgment of non- infringement of any asserted patent in the above-captioned patent infringement case. D. Corp. is entitled to summary judgment for the following reasons . . . { } For the foregoing reasons, D. Corp. respectfully requests permission to file a motion for summary judgment of non-infringement. Respectfully submitted, { signature } Charles B. Attorney cc: all counsel of record (by ECF) EXEMPLAR Defense Firm, LLP, 100 N. Legal St., Anywhere, Texas 00000

=== Standing Order Regarding Mock Juries for Cases ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS STANDING ORDER REGARDING MOCK JURIES FOR CASES ASSIGNED TO JUDGE RODNEY GILSTRAP AND JUDGE ROY S. PAYNE WHEREAS: The venire for the trial of civil and criminal cases is drawn from the counties comprising the particular division for the Eastern District of Texas in which the cases are pending; and WHEREAS: The parties to such cases, primarily complex civil cases, routinely conduct mock trials, focus groups, or similar studies in preparation for the trials of such cases; and WHEREAS: Participation in such studies increases the risk that otherwise qualified venire members will be disqualified from jury service either through participation in such studies or other extrajudicial knowledge concerning the facts of the case or the law to be applied; and WHEREAS: Such risk threatens the administration of justice. IT IS THEREFORE ORDERED: That in all cases assigned to United States District Judge Rodney Gilstrap or United States Magistrate Judge Roy S. Payne, the Court strongly discourages the parties from conducting mock jury trials, focus groups, or other similar studies in which any mock jurors or similar participants reside in the division where the case is pending. IT IS FURTHER ORDERED: That is cases in which such a study has been conducted, the following procedures shall apply: The party or parties who commission the study shall retain, to the extent practicable, the name and address of each participant in the study. If the case is not disposed of by settlement or otherwise, the party or parties who commissioned the study shall advise all other parties to the case, as well as the court, in writing, that such a study occurred. Such notice shall be provided at least ten (10) days before the pre-trial conference. Upon receipt of any jury list, the party or parties who commissioned the study shall immediately cross-reference the jury list with the identities of the participants and advise all other parties to the case and the court of any prospective juror who participated in any study. Before jury selection, the party or parties who commissioned the study shall provide the names and addresses of all participants in the study to the court in camera. This Order shall apply to all cases assigned to either United States District Judge Rodney Gilstrap or United State Magistrate Judge Roy S. Payne regardless of the division within this district in which such cases were originally filed. . ____________________________________RODNEY GILSTRAPUNITED STATES DISTRICT JUDGESIGNED this 19th day of December, 2011.So ORDERED and SIGNED this 3rd day of February, 2012.

=== Standing Order for Civil Actions Assigned to Judge Roy S. Payne ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION REFERRAL ORDER RG-72 CIVIL ACTIONS ASSIGNED TO JUDGE RODNEY GILSTRAP _____________________________ Pursuant to 28 U.S.C. §636 and the Local Rules for the Assignment of Duties to United States Magistrate Judges, it is ORDERED: CASES REFERRED 1. 60% of all civil actions filed in the Marshall Division of the Eastern District of Texas and assigned to United States District Judge Rodney Gilstrap are hereby referred to United States Magistrate Judge Roy S. Payne for all pretrial proceedings. PRETRIAL PROCEEDINGS 2. Judge Payne will handle all pretrial proceedings in cases referred under Paragraph 1. This shall include: a. Hear and determine all matters within the Magistrate Judge’s dispositive jurisdiction; b. Proceed in accordance with 28 U.S.C. §636(b)(1)(B) and (C) concerning matters excepted from the Magistrate Judge’s dispositive jurisdiction under 28 U.S.C. §636(b)(1)(A); and c. After the Magistrate Judge has conducted the pretrial conference, in those cases in which the parties have not consented to trial before the Magistrate Judge, the Magistrate Judge shall issue a report to the District Judge indicating that the case is ready for jury selection and trial. Upon receipt of the report, the referral under Paragraph 1 shall be withdrawn, and the case shall be returned to the undersigned for all further proceedings and entry of judgment. CONSENT 3. Upon receipt of signed consent forms by all parties, the case shall be reassigned to Judge Payne, who will conduct all proceedings, including jury and non-jury trials and the resulting entry of judgment. REFERRAL PROCEDURE 4. In the event of recusal or other disqualification of the Magistrate Judge in a case referred and assigned under this Order, the case shall return automatically to the docket of the undersigned, subject to further orders of the Court. 5. Case referrals pursuant to Paragraph 1, case reassignments under Paragraph 3, and withdrawals of referrals under Paragraphs 2 and 4 shall be effected automatically under this Order. Absent special circumstances, case-specific orders of reference, reassignment, and withdrawals shall not be entered. 6. This order does not affect General Orders 05-4, 05-5, 05-6 and 05-7 or other established procedures for referral to Magistrate Judges of special category cases (e.g., preliminary motions to proceed in forma pauperis and for appointment of counsel in Title VII cases, prisoner cases, matters on the miscellaneous docket, etc.) 2 7. Nothing herein shall preclude reference of additional matters to the Magistrate Judge or the withdrawal of references in cases subject to this Order whenever appropriate. 8. This Order shall become effective upon January 1, 2014 and shall remain in effect until further order of this Court. 3 . ____________________________________RODNEY GILSTRAPUNITED STATES DISTRICT JUDGESIGNED this 19th day of December, 2011.So ORDERED and SIGNED this 11th day of December, 2013.

=== Exemption Order Regarding Courtesy Paper Copies of Electronically-Filed Documents ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION EXEMPTION ORDER TO LOCAL RULE CV-5(a)(9) RE COURTESY PAPER COPIES OF ELECTRONICALLY-FILED DOCUMENTS In cases pending before the Honorable Roy S. Payne, the parties are exempt from complying with Local Rule CV-5(a)(9) 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 when specifically requested by the undersigned. .____________________________________ROY S. PAYNEUNITED STATES MAGISTRATE JUDGESIGNED this 3rd day of January, 2012.SIGNED this 6th day of December, 2013.

=== Standing Order for Social Security ===

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. A statement of the exact issues presented for review, set forth in separate numbered paragraphs. b. A statement of the case. This statement should indicate, briefly, the course 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 the party 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 the party’s positions. 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. d. A short conclusion stating the relief sought. The issues before the court are limited to the exact issues properly raised in the briefs.

=== Protective Order ===

(Sample for non-patent cases) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION § § § § § CIVIL NO. § § V. STANDARD PROTECTIVE ORDER The Court issues this Protective Order 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. In support of this order, the court finds that: 1. 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; 2. 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; 3. 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 4. 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: 1. 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. 2. 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. 3. 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. 4. 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. 5. Protected Documents and any information contained therein shall be disclosed only to the following persons (“Qualified Persons”): (a) (b) Counsel of record in this action for the party or party receiving Protected Documents or any information contained therein; Employees of such counsel (including/excluding experts and investigators) assigned to and necessary to assist such counsel in the preparation and trial of this action; and (c) The Court. Protected Documents and any information contained therein shall be used solely for the prosecution of this litigation. 6. 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. 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. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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.

=== Docket Control Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS [MARSHALL / TEXARKANA] DIVISION [PLAINTIFF][, et al.,] v. [DEFENDANT][, et al.] § § § § § Case No. [2 / 5]:00-CV-000-[JRG / RSP / JBB] SAMPLE DOCKET CONTROL ORDER FOR NON-PATENT CIVIL CASES ASSIGNED TO JUDGE RODNEY GILSTRAP IN THE MARSHALL AND TEXARKANA DIVISIONS In accordance with the scheduling conference held in this case, it is hereby ORDERED that the following schedule of deadlines is in effect until further order of this Court: Date Provided by the Court 4 Weeks Before Jury Selection *Jury Selection – 9:00 a.m. in [Marshall / Texarkana], Texas * If a juror questionnaire is to be used, an editable (in Microsoft Word format) questionnaire shall be jointly submitted to the Deputy Clerk in Charge by this date.1 5 Weeks Before Jury Selection *Pretrial Conference – _______ [a.m. / p.m.] in [Marshall / Texarkana], Texas before [Judge Rodney Gilstrap / Judge Roy Payne / Judge Boone Baxter]2 6 Weeks Before Jury Selection *Notify Court of Agreements Reached During Meet and Confer The parties are ordered to meet and confer on any outstanding objections or motions in limine. The parties shall advise the Court of any agreements reached no later than 1:00 p.m. three (3) business days before the pretrial conference. 1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir Dire. 2 The proposed DCO shall include this specific deadline. The deadline shall read, “10 days before Jury Selection,” and shall not include a specific date. 6 Weeks Before Jury Selection *File Joint Pretrial Order, Joint Proposed Jury Instructions, Joint Proposed Verdict Form, Responses to Motions in Limine, Updated Exhibit Lists, Updated Witness Lists, and Updated Deposition Designations 7 Weeks Before Jury Selection *File Notice of Request for Daily Transcript or Real Time Reporting. If a daily transcript or real time reporting of court proceedings is requested for trial, the party or parties making said request shall file a notice with the Court and e-mail the Court Reporter, Shawn McRoberts, at [email protected]. 8 Weeks Before Jury Selection File Motions in Limine The parties shall limit their motions in limine to issues that if improperly introduced at trial would be so prejudicial that the Court could not alleviate the prejudice by giving appropriate instructions to the jury. 8 Weeks Before Jury Selection Serve Objections to Rebuttal Pretrial Disclosures 9 Weeks Before Jury Selection Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial Disclosures 11 Weeks Before Jury Selection Serve Pretrial Disclosures (Witness List, Deposition Designations, and Exhibit List) by the Party with the Burden of Proof 12 Weeks Before Jury Selection *Response to Dispositive Motions (including Daubert Motions). Responses to dispositive motions that were filed prior to the dispositive motion deadline, including Daubert Motions, shall be due in accordance with Local Rule CV-7(e), not to exceed the deadline as set forth in this Docket Control Order.3 Motions for Summary Judgment shall comply with Local Rule CV-56. 3 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.” If the deadline under Local Rule CV-7(e) exceeds the deadline for Response to Dispositive Motions, the deadline for Response to Dispositive Motions controls. - 2 - 14 Weeks Before Jury Selection *File Motions to Strike Expert Testimony (including Daubert Motions) No motion to strike expert testimony (including a Daubert motion) may be filed after this date without leave of the Court. 14 Weeks Before Jury Selection *File Dispositive Motions No dispositive motion may be filed after this date without leave of the Court. 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. Deadline to Complete Expert Discovery Serve Disclosures for Rebuttal Expert Witnesses 15 Weeks Before Jury Selection 17 Weeks Before Jury Selection 20 Weeks Before Jury Selection Deadline to Complete Fact Discovery and File Motions to Compel Discovery 20 Weeks Before Jury Selection Serve Disclosures for Expert Witnesses by the Party with the Burden of Proof 3 Weeks After Scheduling Conference *File Proposed Protective Order and Comply with Paragraphs 1 & 3 of the Discovery Order (Initial and Additional Disclosures) 2 Weeks After Scheduling Conference The Proposed Protective Order shall be filed as a separate motion with the caption indicating whether or not the proposed order is opposed in any part. *File Proposed Docket Control Order and Proposed Discovery Order The Proposed Docket Control Order and Proposed Discovery Order shall be filed as separate motions with the caption indicating whether or not the proposed order is opposed in any part. 1 Week After Scheduling Conference Join Additional Parties - 3 - (*) indicates a deadline that cannot be changed without an acceptable showing of good cause. Good cause is not shown merely by indicating that the parties agree that the deadline should be changed. ADDITIONAL REQUIREMENTS Mediation: While certain cases may benefit from mediation, such may not be appropriate for every case. The Court finds that the Parties are best suited to evaluate whether mediation will benefit the case after the issuance of the Court’s claim construction order. Accordingly, the Court ORDERS the Parties to file a Joint Notice indicating whether the case should be referred for mediation within fourteen days of the completion of fact discovery. As a part of such Joint Notice, the Parties should indicate whether they have a mutually agreeable mediator for the Court to consider. If the Parties disagree about whether mediation is appropriate, the Parties should set forth a brief statement of their competing positions in the Joint Notice. Mediation shall be attended, in person, by named parties (if an individual) or by a fully authorized representative (if not an individual) and by lead counsel. Third party insurance carriers who may be obligated to indemnify a named party and/or who owe a defense to any party shall also attend mediation, in person, by means of a fully authorized representative. Non-compliance with these directives shall be considered an intentional failure to mediate in good faith. Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides that “[o]n the first appearance through counsel, each party shall designate a lead attorney on the pleadings or otherwise.” Additionally, once designated, a party’s lead attorney may only be changed by the filing of a Motion to Change Lead Counsel and thereafter obtaining from the Court an Order granting leave to designate different lead counsel. The true lead counsel should be designated early and should not expect to parachute in as lead once the case has been largely developed. Motions to Compel: The Court will refuse to entertain any motion to compel discovery filed after the date of this Order unless the movant advises the Court within the body of the motion that counsel for the parties have first conferred in a good faith attempt to resolve the matter. See Eastern District of Texas Local Rule CV-7(h). Motions for Continuance: The following will not warrant a continuance nor justify a failure to comply with the discovery deadline: (a) The fact that there are motions for summary judgment or motions to dismiss pending; (b) (c) 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; 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. 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 to amend the DCO shall - 4 - include a proposed order 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). In other words, the DCO in the proposed order should be complete such that one can clearly see all the remaining deadlines and the changes, if any, to those deadlines, rather than needing to also refer to an earlier version of the DCO. Proposed DCO: The Parties’ Proposed DCO should also follow the format described above under “Amendments to the Docket Control Order (‘DCO’).” Joint Pretrial Order: The Parties in a case which has been consolidated for pre-trial purposes and which is moving towards a separate trial on the merits (subsequent to pre-trial) shall file, as an exhibit to the parties’ Joint Pretrial Order, a list identifying all docket entries from the lead case that relate to the applicable member case. Depositions as Evidence: 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. Trial: All parties must appear in person at trial. All non-individual (including but not limited to corporate) parties must appear at trial through the presence in person of a designated representative. Once they have appeared, any representative of a non-individual party shall not be replaced or substituted without express leave of Court. - 5 -