Gordoa et al v. Apple, Inc. et al

Filing 65

PRETRIAL ORDER NO. 1: CASE SCHEDULE. Signed by Judge Jacqueline Scott Corley on 11/17/2022. Pretrial Conference set for 3/14/2024 at 2:00 p.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Jury Selec tion set for 4/8/2024 at 8:30 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Jury Trial set for 4/8/2024 to 4/19/2024 at 8:30 a.m. (10-days) in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 11/17/2022)

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Case 3:22-cv-02900-JSC Document 65 Filed 11/17/22 Page 1 of 8 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 CARLOS GORDOA, et al., 7 Case No. 22-cv-02900-JSC Plaintiffs, 8 v. PRETRIAL ORDER NO. 1: CASE SCHEDULE 9 APPLE, INC., et al., 10 Defendants. United States District Court Northern District of California 11 Following the Initial Case Management Conference held on November 17, 2022, IT IS 12 13 ORDERED THAT: 14 I. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE MANAGEMENT SCHEDULE Deadline to Submit Stipulated ESI Order and Stipulated Protective Order: December 3, 2022 Deadline to Move to Amend Pleadings: March 2, 2023 Fact Discovery Cut-Off: June 30, 2023 Plaintiff Expert Witness Disclosures: July 21, 2023 Defendant Expert Witness Disclosures: August 18, 2023 Rebuttal Expert Witness Disclosures: September 15, 2023 Expert Discovery Cutoff: October 13, 2023 Deadline to File Dispositive Motions: November 9, 2023 Deadline for Dispositive Motion Replies: December 21, 2023 Dispositive Motion Hearing Date: January18, 2024 A further Case Management Conference is scheduled for March 3, 2023 at 1:30 p.m. via Zoom video. An updated Joint Case Management Conference Statement is due one week in advance. The Court will be particularly interested in discussing ADR. Case 3:22-cv-02900-JSC Document 65 Filed 11/17/22 Page 2 of 8 1 II. All depositions must be noticed at least 30 days before the close of fact discovery. Any 2 3 discovery-related letter briefs or motions are due one week after the close of fact discovery. The 4 same rules apply to expert discovery. See N.D. Cal. Civ. L.R. 37-3. 5 III. 7 10 11 12 13 14 Jury trial will begin on April 8, 2024, at 8:30 a.m., in Courtroom 8, 19th Floor, U.S. District Court, 450 Golden Gate, San Francisco, California. B. 8 9 TRIAL DATE A. 6 United States District Court Northern District of California DISCOVERY DEADLINES IV. The Court is expecting the length of the trial to not exceed 10 court days. PRETRIAL CONFERENCE A Final Pretrial Conference shall be held on March 14, 2024, at 2:00 p.m., in Courtroom 8, 19th Floor. Lead trial counsel for each party shall attend. A. At least seven days prior to date of the Final Pretrial Conference the parties shall do the following: 1. In lieu of preparing a Joint Pretrial Conference Statement, the parties shall 15 meet and confer in person, and then prepare and file a jointly signed Proposed Final Pretrial Order 16 that contains: (a) a brief description of the substance of claims and defenses which remain to be 17 decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a joint exhibit list in 18 numerical order, including a brief description of the exhibit and Bates numbers, a blank column 19 for when it will be offered into evidence, a blank column for when it may be received into 20 evidence, and a blank column for any limitations on its use; and (e) each party’s separate witness 21 list for its case-in-chief witnesses (including those appearing by deposition), including, for all such 22 witnesses (other than party plaintiffs or defendants), a short statement of the substance of his/her 23 testimony and, separately, what, if any, non-cumulative testimony the witness will offer. For each 24 witness, state an hour/minute time estimate for the direct examination (only). Items (d) and (e) 25 should be submitted as appendices to the proposed order. The proposed order should also state 26 which issues, if any, are for the Court to decide, rather than the jury. 27 28 2. File a joint set of proposed instructions on substantive issues of law arranged in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated 2 United States District Court Northern District of California Case 3:22-cv-02900-JSC Document 65 Filed 11/17/22 Page 3 of 8 1 Instruction No. ____ Re ___________,” with the blanks filled in as appropriate. If disputed, each 2 version of the instruction shall be inserted together, back to back, in their logical place in the 3 overall sequence. Each such disputed instruction shall be identified as, for example, “Disputed 4 Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled 5 in as appropriate. All disputed versions of the same basic instruction shall bear the same number. 6 Any modifications to a form instruction must be plainly identified. If a party does not have a 7 counter version and simply contends that no such instruction in any version should be given, then 8 that party should so state (and explain why) on a separate page inserted in lieu of an alternate 9 version. With respect to form preliminary instructions, general instructions, or concluding 10 instructions, please simply cite to the numbers of the requested instructions in the current edition 11 of the Ninth Circuit Model Jury Instructions. Other than citing the numbers, the parties shall not 12 include preliminary, general, or concluding instructions in the packet. 3. 13 14 instructions, if any, organized by instruction number. 4. 15 16 File a separate memorandum of law in support of each party’s disputed File a joint set of proposed voir dire questions supplemented as necessary by separate requests. 17 5. File trial briefs on any controlling issues of law. 18 6. File proposed verdict forms, joint or separate. 19 7. File and serve any objections to exhibits. 20 8. File a joint simplified Statement of the Case to be read to the jury during 21 voir dire as part of the proposed jury instructions. Unless the case is extremely complex, this 22 statement should not exceed one page. 23 B. Any motions in limine shall be submitted as follows: at least twenty (20) calendar 24 days before the conference, the moving party shall serve, but not file, the opening brief. At least 25 ten (10) calendar days before the conference, the responding party shall serve the opposition. 26 There will be no reply. When the oppositions are received, the moving party should collate the 27 motion and the opposition together, back-to-back, and then file the paired sets at least seven (7) 28 calendar days before the conference. Each motion should be presented in a separate memorandum 3 Case 3:22-cv-02900-JSC Document 65 Filed 11/17/22 Page 4 of 8 1 and properly identified, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude . . . .” Each 2 party is limited to bringing five motions in limine. The parties are encouraged to stipulate where 3 possible, for example, as to the exclusion of witnesses from the courtroom. Each motion should 4 address a single, separate topic, and contain no more than seven pages of briefing per side. C. 5 6 the day after filing. The Joint Proposed Final Pretrial Order, jury instructions, and verdict form 7 shall be submitted via e-mail as attachments to JSCpo@cand.uscourts.gov. The Court requests that 8 all hard-copy submissions be three-hole-punched. 9 V. 10 United States District Court Northern District of California Hard-copy courtesy copies of the above documents shall be delivered by NOON PRETRIAL ARRANGEMENTS A. Should a daily transcript and/or real-time reporting be desired, the parties shall 11 make arrangements with Rick Duvall, Supervisor of the Court Reporting Services, at 12 (415) 522-2079, at least ten (10) calendar days prior to the trial date. 13 B. During trial, counsel may wish to use overhead projectors, laser-disk/computer 14 graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by all 15 counsel to the maximum extent possible. The Court provides no equipment other than an easel. 16 The United States Marshal requires a court order to allow equipment into the courthouse. For 17 electronic equipment, parties should be prepared to maintain the equipment or have a technician 18 handy at all times. The parties shall tape extension cords to the carpet for safety. The parties may 19 work with the deputy clerk, Ada Means (415-522-2015), on all courtroom-layout issues. 20 SCHEDULING 21 Trial will be conducted from 8:30 a.m. to 2:30 or 3:00 p.m., depending on the availability 22 of witnesses, Monday through Friday. Counsel must arrive by 8:15 a.m., or earlier as needed, for 23 any matters to be heard out of the presence of the jury. The jury will be called at 8:30 a.m. 24 THE JURY 25 The Jury Office asks prospective jurors to complete an online jury questionnaire in 26 advance of their summons date. The standard questionnaire available on the Northern District’s 27 website at http://www.cand.uscourts.gov/wp-content/uploads/attorneys/Internet-version_Standard- 28 CAND-Trial_SurveyMonkey_3-2022.pdf. The parties are allowed to add 10 case specific 4 United States District Court Northern District of California Case 3:22-cv-02900-JSC Document 65 Filed 11/17/22 Page 5 of 8 1 questions to the questionnaire. The parties shall meet and confer, and to the extent possible, file a 2 joint list of proposed questions to add to the questionnaire. To the extent that the parties cannot 3 agree, they may submit separate proposed questions from which the Court will choose 10. The 4 parties joint or separate submissions are due 21 days before trial. The Court will provide the 5 parties with the survey responses the Friday before trial. 6 In civil cases, there are no alternate jurors and the jury is selected as follows: Eighteen to 7 twenty jurors are called to fill the jury box and the row in front of the bar, and are given numbers 8 (1 through 20). The remaining potential jurors will be seated in the public benches. Hardship 9 excuses will usually be considered at this point. Counsel may conduct a limited voir dire. 10 Challenges for cause will then be addressed out of the presence of the potential jurors. The Court 11 will consider whether to fill in the seats of the stricken jurors. If so, questions will be asked of the 12 additional jurors and cause motions as to them will be considered. After a short recess, each side 13 may exercise its allotment of peremptory challenges out of the presence of the potential jurors. 14 The eight (or such other size as will constitute the jury) surviving the challenge process with the 15 lowest numbers become the final jury. If more (or fewer) than eight jurors are to be seated, then 16 the starting number will be adjusted. So too if more than a total of six peremptories are allowed. 17 Once the jury selection is completed, the jurors’ names will be read again and they will be seated 18 in the jury box and sworn. The Court may alter this procedure in its discretion and after 19 consultation with the parties. WITNESSES 20 21 At the close of each trial day, all counsel shall exchange a list of witnesses for the 22 next two full court days and the exhibits that will be used during direct examination (other than 23 for impeachment of an adverse witness). Within 24 hours of such notice, all other counsel shall 24 provide any objections to such exhibits and shall provide a list of all exhibits to be used with the 25 same witness on cross-examination (other than for impeachment). The first notice shall be 26 exchanged prior to the first day of trial. All such notices shall be provided in writing. EXHIBITS 27 28 A. Prior to the Final Pretrial Conference, counsel must meet and confer in person to 5 Case 3:22-cv-02900-JSC Document 65 Filed 11/17/22 Page 6 of 8 1 consider all exhibit numbers and objections and to eliminate duplicate exhibits and confusion over 2 the precise exhibit. United States District Court Northern District of California 3 B. Use numbers only, not letters, for exhibits, preferably the same numbers as were 4 used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., 5 Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single 6 exhibit should be marked only once. If the plaintiff has marked an exhibit, then the defendant 7 should not re-mark the exact document with another number. Different versions of the same 8 document, e.g., a copy with additional handwriting, must be treated as different exhibits with 9 different numbers. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be 10 marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s Exhibit” or “Defendant’s 11 Exhibit.” 12 C. The exhibit tag shall be in the following form: 13 14 15 16 17 18 19 20 Counsel preferably will make the tag up in a color that will stand out (yet still allow for 21 photocopying), but that is not essential. Place the tag on or near the lower right-hand corner or, if a 22 photograph, on the back. Counsel should fill in the tag but leave the last two spaces blank. The 23 parties must jointly prepare a single set of all trial exhibits that will be the official record set to be 24 used with the witnesses and on appeal. Each exhibit must be tagged, three-hole-punched, separated 25 with a label divider identifying the exhibit number, and placed in 3-ring binders. Spine labels 26 should indicate the numbers of the exhibits that are in the binders. Each set of exhibit binders 27 should be marked as “Original.” Deposit the exhibits with the deputy clerk seven (7) days before 28 6 Case 3:22-cv-02900-JSC Document 65 Filed 11/17/22 Page 7 of 8 1 the Pretrial Conference. D. 2 3 trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If 4 there are any differences, counsel should bring them promptly to the Court’s attention. E. 5 The parties shall provide the Court with one official set of the record exhibits seven 6 (7) days before the Pretrial Conference. Each exhibit must be separated with a label divider 7 identifying the exhibit number. Spine labels should indicate the numbers of the exhibits that are in 8 the binders. At trial, the parties shall provide individual witness exhibit binders which contain all 9 the exhibits the parties expect to use with the witness. The parties shall provide two copies of each 10 witness binder: one for the witness and one for the Court. F. 11 United States District Court Northern District of California Counsel must consult with each other and with the deputy clerk at the end of each 12 Before the closing arguments, counsel must confer with the deputy clerk to make sure the exhibits in evidence are in good order. G. 13 Exhibit notebooks for the jury will not be permitted without prior permission from 14 the Court. Publication must be by poster blow-up, overhead projection, or such other method as is 15 allowed in the circumstances. It is permissible to highlight, circle or underscore in the 16 enlargements as long as it is clear that it was not on the original. CHARGING CONFERENCE 17 18 As the trial progresses and the evidence is heard, the Court will fashion a comprehensive 19 set of jury instructions to cover all issues actually being tried. Prior to the close of the evidence, 20 the Court will provide a draft final charge to the parties. After a reasonable period for review, one 21 or more charging conferences will be held at which each party may object to any passage, ask for 22 modifications, or ask for additions. Any instruction request must be renewed specifically at the 23 conference or it will be deemed waived, whether or not it was requested prior to trial. If, however, 24 a party still wishes to request an omitted instruction after reviewing the Court’s draft, then it must 25 affirmatively re-request it at the charging conference in order to give the Court a fair opportunity 26 to correct any error. Otherwise, as stated, the request will be deemed abandoned or waived. 27 // 28 // 7 Case 3:22-cv-02900-JSC Document 65 Filed 11/17/22 Page 8 of 8 1 2 3 4 IT IS SO ORDERED. Dated: November 17, 2022 ______________________________________ JACQUELINE SCOTT CORLEY United States District Judge 5 6 7 8 9 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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