Textscape LLC v. Adobe Systems Incorporated

Filing 30

ORDER SCHEDULING PRETRIAL MATTERS. Signed by Magistrate Judge Bernard Zimmerman on 3/1/2010. (bzsec, COURT STAFF) (Filed on 3/2/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TEXTSCAPE LLC, a New Jersey ) Corporation, ) ) Plaintiff(s), ) ) v. ) ) ) ADOBE SYSTEMS INC., a ) Delaware Corporation, ) ) Defendant(s). ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No.

C09-4550 BZ

ORDER SCHEDULING PRETRIAL MATTERS

Following the Case Management Conference, IT IS HEREBY ORDERED that the Case Management Statement is adopted, except as expressly modified by this Order. that: 1. DATES It is further ORDERED

Claims Construction Hearing: Tuesday, 9/14/2010 1:30 p.m. Status Conference: Monday, 6/21/2010 4:00 p.m. Summary Judgment Hearing: Wednesday, 6/2/2010 10:00 a.m. Summary Judgment Reply Due: Wednesday, 5/12/2010 Summary Judgment Opposition Due: Wednesday, 5/5/2010 Summary Judgment Moving Papers Due: Wednesday, 4/14/2010 1

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2.

DISCLOSURE AND DISCOVERY The parties are reminded that a failure to voluntarily

disclose information pursuant to Federal Rule of Civil Procedure 26(a) or to supplement disclosures or discovery responses pursuant to Rule 26(e) may result in exclusionary sanctions. Thirty days prior to the close of non-expert

discovery, lead counsel for each party shall serve and file a certification that all supplementation has been completed. In the event a discovery dispute arises, lead counsel for each party shall meet in person or, if counsel are outside the Bay Area, by telephone and make a good faith effort to resolve their dispute. Exchanging letters or telephone messages about The Court does not read

the dispute is insufficient.

subsequent positioning letters; parties shall instead make a contemporaneous record of their meeting using a tape recorder or a court reporter. In the event they cannot resolve their dispute, the parties must participate in a telephone conference with the Court before filing any discovery motions or other papers. The party seeking discovery shall request a conference in a letter filed electronically not exceeding two pages (with no attachments) which briefly explains the nature of the action and the issues in dispute. Other parties shall reply in

similar fashion within two days of receiving the letter requesting the conference. to schedule the conference. 3. MOTIONS Consult Civil Local Rules 7-1 through 7-5 and this 2 The Court will contact the parties

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Court's standing orders regarding motion practice.

Motions

for summary judgment shall be accompanied by a statement of the material facts not in dispute supported by citations to admissible evidence. The parties shall file a joint statement If the parties are unable

of undisputed facts where possible.

to reach complete agreement after meeting and conferring, they shall file a joint statement of the undisputed facts about which they do agree. Any party may then file a separate

statement of the additional facts that the party contends are undisputed. A party who without substantial justification

contends that a fact is in dispute is subject to sanctions. In addition to lodging a Chambers copy of all papers, a copy of all briefs shall be e-mailed in WordPerfect or Word format to the following address: [e-mail]. 4. MEDIATION By agreement of the parties, this matter has been referred to the ADR Department for a Mediation to be conducted in JULY OR AUGUST OF 2010, if possible. The parties shall

promptly notify the Court whether the case is resolved at the Mediation. Dated: March 1, 2010

Bernard Zimmerman United States Magistrate Judge

G:\BZALL\-BZCASES\TEXTSCAPE V. ADOBE SYSTEMS\PRETRIAL ORDER.wpd

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (D) (C) (B) (B)

ATTACHMENT 1 The parties shall file a joint pretrial conference statement containing the following information: (1) The Action. (A) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided. Relief Prayed. A detailed statement of each party's position on the relief claimed, particularly itemizing all elements of damages claimed as well as witnesses, documents or other evidentiary material to be presented concerning the amount of those damages.

(2) The Factual Basis of the Action. (A) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes.

(3) Trial Preparation. A brief description of the efforts the parties have 4

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made to resolve disputes over anticipated testimony, exhibits and witnesses. (A) Witnesses to be Called. In lieu of FRCP 26(a)(3)(A), a list of all witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given. Estimate of Trial Time. An estimate of the number of court days needed for the presentation of each party's case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits. Use of Discovery Responses. In lieu of FRCP 26(a)(3)(B), cite possible presentation at trial of evidence, other than solely for impeachment or rebuttal, through use of excerpts from depositions, from interrogatory answers, or from responses to requests for admission. Counsel shall state any objections to use of these materials and that counsel has conferred respecting such objections. Further Discovery or Motions. A statement of all remaining motions, including Daubert motions.

(B)

(C)

(D)

(4) Trial Alternatives and Options. (A) Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. Amendments, Dismissals. A statement of requested or 5

(B)

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proposed amendments to pleadings or dismissals of parties, claims or defenses. Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired.

(5) Miscellaneous. Any other subjects relevant to the trial of the action, or material to its just, speedy and inexpensive determination.

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ATTACHMENT 2 USDC Case No. CV09-04550 BZ JOINT Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ JOINT Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ PLNTF Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ PLNTF Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ DEFT Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ DEFT Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ JOINT Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ JOINT Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ PLNTF Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ PLNTF Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ DEFT Exhibit No. Date Entered Signature USDC Case No. CV09-04550 BZ DEFT Exhibit No. Date Entered Signature

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