Autodesk, Inc. v. ZWCAD Software Co., Ltd. et al

Filing 31

CASE MANAGEMENT AND PRETRIAL ORDER for Jury Trial by Chief Magistrate Judge Elizabeth D. Laporte.(shyS, COURT STAFF) (Filed on 7/3/2014)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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AUTODESK, INC.,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

No. C-14-01409 EDL
CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL

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GLOBAL FORCE DIRECT, LLC, et al.,

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Defendants.
_______________________________/

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Following the Case Management Conference held on June 24, 2014 , IT IS HEREBY
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ORDERED THAT:
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A further case management conference is set for October 14, 2014 at 3:00 PM before Magistrate
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Judge Laporte in Courtroom E, 15th Floor, U.S. District Court, 450 Golden Gate Avenue, San
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Francisco, California. An updated joint case management conference statement shall be filed no later
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than October 7, 2014.
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Pursuant to Fed. R. Civ. P. 16, IT IS FURTHER ORDERED THAT the following case
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management and pretrial order is entered:
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1.

TRIAL DATE

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a.

Jury trial will begin on July 20, 2015 at 8:30 AM in Courtroom E, 15th Floor, 450

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Golden Gate Avenue, San Francisco, CA 94102. Should a daily transcript and/or realtime reporting be
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desired, the parties shall make arrangements with Debra Campbell, Court Reporter Supervisor, at (415)
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522-2079 or [e-mail], at least 14 days prior to the trial date.
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b.

The length of the trial will be not more than 10 days.

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2.

DISCOVERY

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a.

All non-expert discovery shall be completed no later than January 30, 2015.

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There will be no further non-expert discovery after that date except by order of the Court for good cause

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shown. Motions to compel non-expert discovery must be filed within the time limits contained in Civil

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Local Rule 26-2.

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b.

Each side shall be limited to eighty (80) hours of Rule 30 depositions, but not

seven (7) hours. Individual and Rule 30(b)(6) depositions count against the total time, but third-party

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and expert depositions do not. The side taking a deposition that requires an interpreter must hire an

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official interpreter. The other side may hire its/their own interpreter to verify the translation.

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Depositions requiring an interpreter count as half time. The parties shall meet and confer on limits on

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For the Northern District of California

limited to ten (10) total depositions under Rule 30(a)(2)(A)(i). An individual’s deposition is limited to

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United States District Court

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third-party and expert depositions.

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c.

Initial expert disclosures shall be made no later than February 13, 2015. Rebuttal

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expert disclosures shall be made no later than March 6, 2015. All treating physicians who will provide

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opinion testimony beyond that which can be provided by a lay person must be disclosed as expert

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witnesses, but they need not prepare expert reports unless ordered to do so by the Court.

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d.

All expert discovery shall be completed no later than April 3, 2015. There will

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be no further expert discovery after that date except by order of the Court for good cause shown.

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Motions to compel expert discovery must be filed within the time limits contained in Civil Local Rule

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26-2.

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e.

Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to

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supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and responses to

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discovery requests under the circumstances itemized in that Rule, and when ordered by the Court. The

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Court expects that the parties will supplement and/or correct their disclosures promptly when required

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under that Rule, without the need for a request from opposing counsel. In addition to the general

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requirements of Rule 26(e)(1), the parties will supplement and/or correct all previously made

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disclosures and discovery responses 28 days before the fact discovery cutoff date.

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f.

Pursuant to Civil L.R. 37-1(b), telephone conferences are available to resolve

disputes during a discovery event, such as a deposition, where the resolution during the event likely
would result in substantial savings of expense or time.
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g.

Privilege logs. If a party withholds information that is responsive to a discovery

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request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by claiming that it

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is privileged, or protected from discovery under the attorney work product doctrine or any other

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protective doctrine (including, but not limited to, privacy rights), that party shall prepare a "privilege

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log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and specifying separately for each

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document or for each category of similarly situated documents:

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1.

The name and job title or capacity of the author;

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2.

The name and job title or capacity of each recipient;

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3.

The date the document was prepared and, if different, the date(s)
on which it was sent to or shared with persons other than its

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For the Northern District of California

United States District Court

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author(s);

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4.

The title and description of the document;

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5.

The subject matter addressed in the document;

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6.

The purpose(s) for which it was prepared or communicated; and

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7.

The specific basis for the claim that it is privileged.

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The privilege log will be produced as quickly as possible, but no later than 14 days after the

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discovery responses are due (in a rolling production, 14 days after each set of documents is produced),

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unless the parties stipulate or the Court orders otherwise in a particular case.

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h.

In responding to requests for documents and materials under Rule 34 of the

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Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served on all

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other parties the full extent to which they will produce materials and shall, promptly after the

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production, confirm in writing that they have produced all such materials so described that are locatable

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after a diligent search of all locations at which such materials might plausibly exist.

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3.

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The last day to file a motion, or stipulation and proposed order, to join other parties shall be

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MOTIONS

October 15, 2014.
The last day to file a motion, or stipulation and proposed order, to amend the pleadings shall
be October 15, 2014.

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The last day for hearing dispositive motions shall be April 21, 2015. Dispositive motions shall

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be served and filed no later than thirty-five (35) days prior to the scheduled hearing date. Briefing shall

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be in compliance with Civil Local Rule 7-3.

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4.

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The parties’ telephone conference with the ADR Unit regarding their options for ADR resolution

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ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE

is scheduled on September 15, 2014.

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5.

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PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on June 30, 2015 at 2:00 p.m. in Courtroom

timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures

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For the Northern District of California

E, 15th Floor. Each party shall attend personally or by lead counsel who will try the case. The

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United States District Court

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shall be governed by this order.

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b.

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shall meet and confer regarding:

At least thirty (30) days prior to the date of the pretrial conference, lead counsel

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(1)

Preparation and content of the joint pretrial conference statement;

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(2)

Preparation and exchange of pretrial materials to be served and lodged

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pursuant to paragraph 5(c) below; and

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(3)

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c.

Settlement of the action.

At least twenty (20) days prior to the pretrial conference, counsel and/or parties

shall:
(1)

Serve and file a joint pretrial statement that includes the pretrial

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disclosures required by Federal Rule of Civil Procedure 26(a)(3) as well

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as the following supplemental information:

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(a)

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The Action.
(i)

Substance of the Action. A brief description of the

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substance of claims and defenses which remain to be

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decided.

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(ii)

Relief Prayed. A detailed statement of all the relief
claimed, particularly itemizing all elements of damages
claimed as well as witnesses, documents or other
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evidentiary material to be presented concerning the

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amount of those damages.

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(b)

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The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all

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relevant facts not reasonably disputable, as well as which

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facts parties will stipulate for incorporation into the trial

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record without the necessity of supporting testimony or

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exhibits.

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(ii)

of all disputed factual issues which remain to be decided.

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For the Northern District of California

United States District Court

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Disputed Factual Issues. A plain and concise statement

(iii)

Agreed Statement. A statement assessing whether all or

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part of the action may be presented upon an agreed

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statement of facts.

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(iv)

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Stipulations. A statement of stipulations requested or
proposed for pretrial or trial purposes.

(c)

Disputed Legal Issues.

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Without extended legal argument, a concise statement of each

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disputed point of law concerning liability or relief, citing

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supporting statutes and decisions, and any procedural or

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evidentiary issues.

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(d)

Trial Preparation.
(i)

Witnesses to Be Called.

With regard to witnesses

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disclosed pursuant to Federal Rule of Civil Procedure

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26(a)(3)(A), a brief statement describing the substance of

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the testimony to be given.

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(ii)

Estimate of Trial Time. An estimate of the number of

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hours needed for the presentation of each party’s case,

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indicating possible reductions in time through proposed

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stipulations, agreed statements of facts, or expedited

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means of presenting testimony and exhibits.

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(iii)

Use of Discovery Responses. Designate excerpts from

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discovery that the parties intend to present at trial, other

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than solely for impeachment or rebuttal, from depositions

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specifying the witness with page and line references, from

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interrogatory answers, or from responses to requests for

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admission.

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(e)

(i)

Settlement Discussion. A statement summarizing the

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For the Northern District of California

United States District Court

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Trial Alternatives and Options.

status of settlement negotiations and indicating whether

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further negotiations are likely to be productive.

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(ii)

Amendments, Dismissals. A statement of requested or

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proposed amendments to pleadings or dismissals of

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parties, claims or defenses.

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(iii)

Bifurcation, Separate Trial of Issues. A statement of

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whether bifurcation or a separate trial of specific issues is

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feasible and desired.

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(f)

Miscellaneous.

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Any other subjects relevant to the trial of the action or material

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to its just, speedy and inexpensive determination.

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(2)

Serve and file trial briefs, motions in limine (including any motion

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regarding the qualifications or testimony of any expert witness),

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proposed voir dire questions, jury instructions, verdict forms and excerpts

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from discovery that will be offered at trial (include a copy of the

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deposition testimony or admission). The parties shall submit proposed

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jury instructions jointly. If there are any instructions on which the

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parties cannot agree, those instructions may be submitted separately;

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(3)

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Serve and file an exhibit setting forth the qualifications and experience
of each expert witness;

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(4)

Serve and file a list of each party’s exhibits by numbers 1-500 (plaintiff)

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or numbers 750-1250 (defendant), including a brief statement describing

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the substance and purpose of each exhibit and the name of the sponsoring

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witness;

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(5)

Exchange exhibits which shall be premarked (plaintiff shall use numbers

be three-hole punched and shall be submitted in binders. Each exhibit

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shall be marked on the front page or on the back of the last page with the

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For the Northern District of California

1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall

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United States District Court

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information contained in Exhibit A to this Order; and

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(6)

Deliver two sets of all premarked exhibits to chambers (exhibits are not

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to be filed). The two sets of premarked exhibits shall be for Court use

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only. The parties shall bring a third set of their trial exhibits to trial to

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present to witnesses.

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No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not

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disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the Court, by the

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above deadline, without leave of the Court and for good cause.

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d.

At least ten (10) days prior to the pretrial conference, after meeting and

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conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and file:

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(1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any objections

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to non-expert witnesses; (3) any objection to proposed voir dire questions, jury instructions and verdict

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forms that the parties have been unable in good faith to resolve; (4) any opposition to a motion in limine.

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No replies shall be filed.

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e.

All motions in limine and objections shall be heard at the pretrial conference.

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6.

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JURY TRIAL
a.

Counsel shall submit an agreed upon set of voir dire questions to be posed by

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the Court. Any voir dire questions on which counsel cannot agree may be submitted separately.

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Counsel shall be allowed brief follow-up voir dire after the Court's questioning.

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b.

The following jury instructions from the Manual of Model Civil Jury Instructions

Counsel shall submit jointly an agreed upon set of case specific instructions, using the Ninth Circuit

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Manual where appropriate. Do not submit duplicates of those listed above. Any instructions on which

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counsel cannot agree may be submitted separately. Each requested instruction shall be typed in full on

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a separate page with citations to the authority upon which it is based and a reference to the party

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For the Northern District of California

for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11.

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United States District Court

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submitting it. A second blind copy of each instruction and verdict form shall also be submitted,

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omitting the citation to authority and the reference to the submitting party.

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7.

All documents filed with the Clerk of the Court shall list the civil case number followed

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by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies shall

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be three-hole punched at the left side, suitable for insertion into standard binders. In addition, all

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proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be accompanied by

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a diskette containing a copy of the document formatted in WordPerfect 6.1, 7, 8, 9 or 10 (Windows) or

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8.0 (Windows).

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Dated: July 1, 2014
_______________________________________
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

EXHIBIT A
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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