Oracle America, Inc. v. Google Inc.

Filing 394

ORDER REGARDING PROPOSED ASSIGNMENT ORDER FOR RULE 706 EXPERT re #393 Proposed Order filed by Google Inc.. Signed by Judge Alsup on September 6, 2011. (whalc1, COURT STAFF) (Filed on 9/6/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,

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For the Northern District of California

United States District Court

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No. C 10-03561 WHA

Plaintiff,
v.

ORDER REGARDING
PROPOSED ASSIGNMENT
ORDER FOR RULE 706 EXPERT

GOOGLE INC.,
Defendant.
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The proposed order regarding the assignment for the Rule 706 expert (Dkt. No. 393) is

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acknowledged. The parties are requested to submit a revised version of the proposed order in

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accordance with the following guidance.

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First, precise deadlines should be set for the completion of Dr. Kearl’s expert report and

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deposition. As stated in the August 30 order appointing Dr. Kearl, his assignment should be

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planned such that it can be completed by early December in preparation for a possible damages

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trial at that time. Allowing a nebulous “reasonable period of time” for completion of those tasks

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would risk undue delay. The Court may consider altering the deadlines for Dr. Kearl’s report and

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deposition in light of future case developments, but in the meantime a workable schedule must be

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established and followed.

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Second, Dr. Kearl’s role as a Rule 706 expert will be to inform the jury on the issue of

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damages, not to advise the Court. The assignment order should not make reference to Dr. Kearl

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assisting the Court.

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Third, counsel are requested to proofread the proposed order carefully and correct all
typographical errors such as missing words.
The revised version of the proposed order should be filed by SEPTEMBER 8, 2011.

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IT IS SO ORDERED.

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Dated: September 6, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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