Apple Inc. v. Mobile Star LLC

Filing 196

CIVIL PRETRIAL ORDER. Signed by Judge William H. Orrick on 11/27/2017. (jmdS, COURT STAFF) (Filed on 11/27/2017)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 APPLE INC., Plaintiff, 5 6 7 v. Defendants. 9 A jury trial has been set in this matter for December 10, 2018, beginning at 8:30 A.M. with an 10 United States District Court Northern District of California 12 CIVIL PRETRIAL ORDER MOBILE STAR LLC, et al., 8 11 Case No. 16-cv-06001-WHO attorney conference and jury selection to follow thereafter. A Pretrial Conference has been set for November 13, 2018 at 2:00 P.M. 13 The following scheduling deadlines and hearing dates have been set: 14 Fact discovery cutoff: July 12, 2018 Expert disclosure: July 12, 2018 Expert rebuttal: July 30, 2018 Expert discovery cutoff: August 16, 2018 Dispositive Motions heard by: September 12, 2018 15 16 17 1. 18 19 20 21 22 23 24 25 26 27 28 Pretrial Conference and Statement Not less than 28 days prior to the Pretrial Conference, counsel shall exchange (but not file or lodge) the papers described in Civil L.R. 16-10(b)(7), (8), (9) and (10), and any motions in limine. At least 21 days before the Pretrial Conference, lead trial counsel shall meet and confer with respect to:  Preparation and content of the joint pretrial conference statement;  Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and filed pursuant to this Order. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the Pretrial Conference; and  1 2 3 4 At least 14 days prior to the Pretrial Conference, the parties shall file a joint pretrial conference statement containing the following information: a. 5 6 Settlement. The Action (i) Substance of the Action. A brief description of the substance of claims and defenses that remain to be decided. 7 (ii) Relief Prayed. A detailed statement of all the relief claimed, particularly 8 itemizing all elements of damages claimed as well as witnesses, documents, or other evidentiary 9 material to be presented concerning the amount of those damages. 10 b. United States District Court Northern District of California 11 The Factual Basis of the Action (i) Undisputed Facts. A plain and concise statement of all relevant facts not 12 reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial 13 record without the necessity of supporting testimony or exhibits. 14 15 (ii) Disputed Factual Issues. A plain and concise statement of all disputed factual issues that remain to be decided. 16 17 (iii) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 18 19 20 (iv) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes. c. 21 Disputed Legal Issues (i) Points of Law. Without extended legal argument, a concise statement of each 22 disputed point of law concerning liability or relief, citing supporting statutes and decisions setting 23 forth briefly the nature of each party's contentions concerning each disputed point of law, 24 including procedural and evidentiary issues. 25 26 27 28 (ii) Proposed Conclusions of Law. If the case is to be tried without a jury, unless otherwise ordered, parties should briefly indicate objections to proposed conclusions of law. d. Trial Preparation (i) Witnesses to be Called. A list of all witnesses likely to be called at trial, other 2 1 than solely for impeachment or rebuttal, together with a brief statement following each name 2 describing the substance of the testimony to be given. (ii) Exhibits, Schedules and Summaries. A list of all documents and other items to 3 4 be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief 5 statement following each describing its substance or purpose and the identity of the sponsoring 6 witness. Unless otherwise ordered, parties will indicate their objections to the receipt in evidence 7 of exhibits and materials lodged and that counsel have conferred respecting such objections. (iii) Estimate of Trial Time. An estimate of the number of court days needed for 8 9 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. 11 United States District Court Northern District of California 10 (iv) Use of Discovery Responses. Counsel shall cite possible presentation at trial 12 of evidence, other than solely for impeachment or rebuttal, through use of excerpts from 13 depositions, interrogatory answers, or responses to requests for admission. Counsel shall indicate 14 any objections to use of these materials and that counsel has conferred respecting such objections. (v) Further Discovery or Motions. A statement of all remaining discovery or 15 16 motions, including motions in limine. e. 17 (i) Settlement Discussion. A statement summarizing the status of settlement 18 19 Trial Alternatives and Options negotiations and indicating whether further negotiations are likely to be productive. (ii) Consent to Trial Before a Magistrate Judge. A statement whether reference of 20 21 all or part of the action to a master or magistrate judge is feasible, including whether the parties 22 consent to a court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit. 23 (iii) Amendments, Dismissals. A statement of requested or proposed amendments 24 to pleadings or dismissals of parties' claims or defenses. (iv) Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a 25 26 separate trial of specific issues is feasible and desired. 27 2. 28 Witnesses a. Jury Trials. The Pretrial Conference Statement shall include the witness list 3 1 required in part by 1(d)(i) above. In addition, in the case of expert witnesses, the summary shall 2 clearly state the expert’s theories and conclusions and the basis therefore and shall be 3 accompanied by a curriculum vitae; if the expert has prepared a report in preparation for the 4 testimony, a copy thereof shall be furnished to opposing counsel. Witnesses not included on the 5 list may be excluded from testifying. 6 3. Jury Instructions a. 7 Joint Set of Instructions. The parties shall jointly prepare a set of jury instructions, 8 and shall file the proposed instructions at least fourteen days prior to the Pretrial Conference. The 9 submission shall contain both agreed upon instructions (which shall be so noted), and contested instructions, all in the order in which they should be read to the jury. Where contested instructions 11 United States District Court Northern District of California 10 are included, they should be annotated both with the proponent’s authority for seeking the 12 instruction and the opponent’s reason for opposition. Counsel shall deliver to Chambers a copy of 13 the joint submission on a CD/DVD in Word format. The label shall include the case number and a 14 description of the documents. b. 15 Substance and Format of Instructions. The instructions shall cover all substantive 16 issues and other points not covered by the Ninth Circuit Manual of Model Jury Instructions. Each 17 requested instruction shall be typed in full on a separate page and citations to the authorities upon 18 which the instruction is based shall be included. Instructions shall be brief, clear, written in plain 19 English, and free of argument. Pattern or form instructions shall be revised to address the 20 particular facts and issues of this case. c. 21 Preliminary Statement and Instructions. If the parties wish to have a preliminary 22 statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly 23 prepare and file the text of the proposed preliminary statement and/or preliminary instructions at 24 least fourteen days prior to the Pretrial Conference. d. 25 Voir Dire and Verdict Forms. Each party shall file proposed questions for jury voir 26 dire and a proposed Form of Verdict at least fourteen days prior to the Pretrial Conference. 27 4. 28 Exhibits a. Provide Copies of Exhibits to Other Parties. Each party shall provide every other 4 1 party with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other 2 similar documentary materials to be used in its case in chief at trial, together with a complete list 3 of all such proposed exhibits. Voluminous exhibits shall be reduced by elimination of irrelevant 4 portions or through the use of summaries. Each item shall be pre-marked with a trial exhibit 5 sticker (“Trial Exhibit No.__”), not deposition exhibit label, and defendant’s exhibit numbers shall 6 be sequenced to begin after plaintiff’s exhibit numbers. If there are numerous exhibits, they 7 should be provided in three-ring binders with marked tab separators. All exhibits that have not 8 been provided as required are subject to exclusion. 9 b. Stipulations re Admissibility. At least fourteen days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If 11 United States District Court Northern District of California 10 stipulation is not possible, the parties shall make every effort to stipulate to authenticity and 12 foundation absent a legitimate (not tactical) objection. 13 c. Objections to Exhibits. In addition to the exhibit list, counsel shall confer with 14 respect to any other objections to exhibits in advance of the Pretrial Conference. Each party shall 15 file a statement briefly identifying each item objected to, the grounds for the objection, and the 16 position of the offering party at least fourteen days prior to the date set for the Pretrial Conference. 17 d. Provide Copies of Exhibits to Court. One set of exhibits shall be provided to the 18 Court in Chambers on the Friday prior to the trial date, in binders, marked, tabbed, and indexed in 19 accordance with Local Rule 16-10(b)(7). Exhibits shall be identified as follows: 20 UNITED STATES DISTRICT COURT 21 NORTHERN DISTRICT OF CALIFORNIA 22 TRIAL EXHIBIT 100 23 24 25 26 CASE NO. _____________________ DATE ENTERED_________________ 27 BY __________________________ 28 DEPUTY CLERK 5 1 Blocks of numbers shall be assigned to fit the needs of the case (e.g., Plaintiff has 1-100, 2 Defendant has 101-200). The parties shall not mark duplicate exhibits (e.g., plaintiff and 3 defendant shall not mark the same exhibit; only one copy of the exhibit shall be marked). e. 4 Witness Binders. If all of the exhibits in a case do not fit in one binder, then the 5 parties shall prepare a witness binder for each witness that will testify regarding three or more 6 exhibits. 7 f. Disposition of Exhibits after Trial. Upon the conclusion of the trial, each party 8 shall retain its exhibits through the appellate process. It is each party’s responsibility to make 9 arrangements with the Clerk of Court to file the record on appeal. 10 5. Any party wishing to have motions in limine heard prior to the commencement of trial 11 United States District Court Northern District of California Motions In Limine 12 must file them at least fourteen days prior to the date set for the Pretrial Conference. All motions 13 in limine shall be contained in one document, limited to 25 pages pursuant to Civil L.R. 7-2(b), 14 with each motion listed as a subheading. Opposition to the motions in limine shall be contained in 15 one document, limited to 25 pages, with corresponding subheadings, and shall be filed at least 16 seven days prior to the Pretrial Conference. No reply papers will be considered. The motions will 17 be heard at the Pretrial Conference or at such other time as the Court may direct. Nothing in this 18 provision prevents a party from noticing its motions in limine regularly for hearing on or prior to 19 the final date for hearing dispositive motions. No leave to file under seal will be granted with 20 respect to motions in limine. 21 6. 22 Other Pretrial Matters a. Status Conferences. Any party desiring to confer with the Court may, upon notice 23 to all other parties, arrange a conference through the Courtroom Deputy, Jean Davis, at 415-522- 24 2077 or 25 26 b. Settlement Conferences. Parties wishing to arrange a settlement conference before another judge or magistrate judge may do so by contacting the Courtroom Deputy. 27 28 6 1 c. Daily Transcripts. Should a daily transcript and/or realtime reporting be desired, the 2 parties shall make arrangements with Rick Duvall, Court Reporter Supervisor, at 415-522-2079 or 3, at least seven calendar days prior to the trial date. 4 7. Trial Matters a. 5 The normal trial schedule will be from 8:00 a.m. to 1:00 p.m. (or slightly longer to 6 finish a witness) with two fifteen minute breaks. Trial is usually held from Monday through 7 Friday. 8 9 10 United States District Court Northern District of California 11 12 b. Ordinarily, the Court will set fixed time limits for each side at the Final Pretrial Conference. c. Expert witnesses are limited to the scope of their expert reports on direct examination. F.R.C.P. 26(a)(2) and 37(c). d. Parties must meet and confer to exchange any visuals, graphics or exhibits to be 13 used in opening statements. Unless otherwise agreed, the exchange must occur no later than 14 Wednesday before the trial. Any objections not resolved must be filed in writing by Thursday 15 before trial. The parties shall be available by telephone Friday before trial to discuss the issue 16 raised with the Court. 17 e. The parties shall disclose the witnesses whom they will call at trial on any given 18 day by at least 2:00 p.m. the court day before their testimony is expected. Failure to have a 19 witness ready to proceed at trial will usually constitute resting. 20 f. The Court takes a photograph of each witness prior to the witness’s testimony. 21 g. Other than a party or party representative, fact witnesses are excluded from the 22 courtroom until they are called to testify, and may not attend in the gallery until their testimony is 23 complete. 24 h. The Court does not typically allow bench conferences. If there are matters that 25 need to be raised with the Court outside the presence of the jury, the parties should raise them in 26 the morning before trial or during recess. With advance notice, the Court is usually available at 27 7:30 a.m. to address such matters. 28 7 1 2 8. Miscellaneous a. Please DO NOT call Chambers. If you need to contact the Courtroom Deputy, 3 please call (415) 522-2077 and leave a message if the deputy is not available, or email 4 5 b. Copies. Each document filed or lodged with the Court must be accompanied by a 6 three-hole punched copy for use in the Judge’s chambers. In addition, one copy of the witness and 7 exhibit lists should be furnished to the court reporter. 8 IT IS SO ORDERED. 9 Dated:November 27, 2017 ________________________ William H. Orrick United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8

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