James Rodney Gilstrap

Filing

Send Gilstrap paper courtesy copies only when he specifically requests them.

“courtesy paper copies shall only be filed when specifically requested by the undersigned.”

Filing

After settlement in principle, jointly file a motion to stay all deadlines and notice of settlement.

“promptly upon the settlement in principle of any case pending before this Court, whether such settlement is reached by formal mediation, privately between the parties or otherwise, the parties shall jointly file a motion with the Court styled as follows: Joint Motion To Stay All Deadlines and Notice of Settlement.”

Filing

Within three days of learning of a materially relevant determination in a related proceeding, file formal notice identifying the related motion.

“once a party in a case presently before this Court becomes aware of a determination elsewhere from a related proceeding by an adjudicating body that the party reasonably believes is materially relevant to a pending motion before this Court, that party shall promptly provide notice of such relevant determination and identification of the related motion(s) by filing a formal notice with the Court within three (3) days.”

Filing

Use one of Gilstrap’s specified Rule 41 dismissal papers after settlement; a bare notice is insufficient.

“the parties shall file such dismissal papers styled as one of the following: 1) a Motion to Dismiss Pursuant to Rule 41(a)(2), with an accompanying proposed Order; or 2) a Stipulation of Dismissal Pursuant to Rule 41(a)(1)(A)(ii), signed by all parties who have appeared; or 3) a Notice of Dismissal Pursuant to Rule 41(a)(1)(A)(i)¸ in which the plaintiff affirmatively represents that the defendant has not served upon the plaintiff either an answer or a motion for summary judgment. Such parties shall not, under any circumstances, file their attempt at dismissal styled merely as a ‘Notice.’”

Filing

In patent cases, serve eligibility contentions within 45 days after receiving asserted-claim and infringement contentions.

“No later than 45 days after receiving service of the ‘Disclosure of Asserted Claims and Infringement Contentions,’ each party alleging that any asserted claim does not qualify as patent- eligible subject matter (‘Challenged Claim’) shall serve on all parties its ‘Eligibility Contentions,’”

Motions

A pre-Markman dispositive motion under § 101 must include the signed claim construction certification.

“parties seeking to file pre-Markman hearing dispositive motions under 35 U.S.C. § 101 (that is: prior to entry of the Court’s claim construction order) shall include, as a part of such motions, the following certification, completed and signed as follows and as may be appropriate in such case:”

Motions

A motion to strike and its response may each have no more than 12 pages without leave; a reply or surreply may have five.

“A Motion to Strike shall not exceed twelve pages, excluding attachments, unless leave of court is first obtained. Likewise, responses to such motions shall not exceed twelve pages, excluding attachments, unless leave of court is obtained first. Any reply or sur-reply brief to a Motion to Strike shall not exceed five pages, excluding attachments.”

Motions

File at most one motion to strike per expert witness unless the court grants leave.

“a party may only file one (1) Motion to Strike per expert witness, notwithstanding the number of reports the expert witness may generate and serve.”

Discovery

Within 72 hours after a discovery motion is set for hearing, lead and local counsel must confer in person or by phone.

“Within 72 hours of the Court setting any discovery motion for a hearing, each party's lead attorney (see Local Rule CV-11(a)) and local counsel shall meet and confer in person or by telephone, without the involvement or participation of other attorneys, . in an effort to resolve the dispute without Court intervention.”

Conferences

File a readiness notice within five days after the last defendant answers or moves to transfer or dismiss.

“The notice shall be filed within five days of the last remaining Defendant’s answer or motion.”

Trial

For a consolidated case going to trial, attach to the joint pretrial order a list of lead-case docket entries relevant to that member case.

“the Parties shall file an exhibit to their Joint Pretrial Order setting forth a list identifying all docket entries from the lead case that relate to the specific member case which is proceeding to trial.”

Trial

Seek leave before calling a live witness at a claim construction hearing.

“without prior leave of this Court permitting a party to call witnesses as a part of any claim construction hearing (in person or by deposition), such live testimony will not be permitted at claim construction hearings before this Court.”

Trial

In patent cases, each side may propose and argue no more than five of its own motions in limine at the pretrial conference.

“each side 1 will be permitted to propose and argue up to, but not more than, five (5) of each side’s own motions in limine at the Pretrial Conference.”

Trial

In non-patent civil cases, each side may propose and argue no more than five of its own motions in limine at the pretrial conference.

“each side 1 will be permitted to propose and argue (if opposed) 2 up to, but not more than, five (5) of each sides’ own motions in limine at the Pretrial Conference.”