Silicon Genesis Corporation v. EV Group E.Thallner GmbH

Filing 32

PRETRIAL ORDER. Signed by Judge Jacqueline Scott Corley on 1/19/2023. Pretrial Conference set for 6/21/2024 at 2:00 p.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Jury Selection set for 6/28/2024 a t 8:30 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Jury Trial set for 6/28/2024 to 7/12/2024 (10-days) at 8:30 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 1/19/2023)

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Case 3:22-cv-04986-JSC Document 32 Filed 01/19/23 Page 1 of 8 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SILICON GENESIS CORPORATION, 7 Case No. 22-cv-04986-JSC Plaintiff, 8 v. PRETRIAL ORDER 9 EV GROUP E.THALLNER GMBH, 10 Defendant. United States District Court Northern District of California 11 Following the further Case Management Conference held on January 12, 2023, IT IS 12 13 ORDERED: 14 I. CASE MANAGEMENT SCHEDULE 15 Deadline for Court-Sponsored Mediation: April 11, 2023 16 Deadline to Move to Amend Pleadings: May 1, 2023 17 Fact Discovery Cutoff: August 31, 2023 18 Expert Witness Disclosures: September 22, 2023 19 Rebuttal Expert Witness Disclosures: October 20, 2023 20 Expert Discovery Cutoff: November 17, 2023 21 Deadline to File Dispositive Motions: January 11, 2024 22 Oppositions: February 1, 2024 23 Replies: February 15, 2024 24 Hearing: March 7, 2024 at 10:00 a.m. 25 The hearing on Defendant’s motion to dismiss (Dkt. No. 29) is continued to March 2, 26 2023 at 10:00 a.m. in person in Courtroom 8, 450 Golden Gate Avenue. The previously- 27 scheduled March 2, 2023 further Case Management Conference is moved to 10:00 a.m. to 28 Case 3:22-cv-04986-JSC Document 32 Filed 01/19/23 Page 2 of 8 1 coincide with the motion to dismiss hearing. An updated Joint Case Management Conference 2 Statement is due February 23, 2023. 3 II. All depositions must be noticed at least 30 days before the close of fact discovery. Any 4 5 discovery-related letter briefs or motions are due one week after the close of fact discovery. The 6 same rules apply to expert discovery. See N.D. Cal. Civ. L.R. 37-3. 7 III. 9 12 13 14 15 16 Jury trial will begin on June 28, 2024, at 8:30 a.m., in Courtroom 8, 19th Floor, U.S. District Court, 450 Golden Gate, San Francisco, California. B. 10 11 TRIAL DATE A. 8 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 June 21, 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 17 meet and confer in person, and then prepare and file a jointly signed Proposed Final Pretrial Order 18 that contains: (a) a brief description of the substance of claims and defenses which remain to be 19 decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a joint exhibit list in 20 numerical order, including a brief description of the exhibit and Bates numbers, a blank column 21 for when it will be offered into evidence, a blank column for when it may be received into 22 evidence, and a blank column for any limitations on its use; and (e) each party’s separate witness 23 list for its case-in-chief witnesses (including those appearing by deposition), including, for all such 24 witnesses (other than party plaintiffs or defendants), a short statement of the substance of his/her 25 testimony and, separately, what, if any, non-cumulative testimony the witness will offer. For each 26 witness, state an hour/minute time estimate for the direct examination (only). Items (d) and (e) 27 should be submitted as appendices to the proposed order. The proposed order should also state 28 which issues, if any, are for the Court to decide, rather than the jury. 2 Case 3:22-cv-04986-JSC Document 32 Filed 01/19/23 Page 3 of 8 2. United States District Court Northern District of California 1 File a joint set of proposed instructions on substantive issues of law 2 arranged in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated 3 Instruction No. ____ Re ___________,” with the blanks filled in as appropriate. If disputed, each 4 version of the instruction shall be inserted together, back to back, in their logical place in the 5 overall sequence. Each such disputed instruction shall be identified as, for example, “Disputed 6 Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled 7 in as appropriate. All disputed versions of the same basic instruction shall bear the same number. 8 Any modifications to a form instruction must be plainly identified. If a party does not have a 9 counter version and simply contends that no such instruction in any version should be given, then 10 that party should so state (and explain why) on a separate page inserted in lieu of an alternate 11 version. With respect to form preliminary instructions, general instructions, or concluding 12 instructions, please simply cite to the numbers of the requested instructions in the current edition 13 of the Ninth Circuit Model Jury Instructions. Other than citing the numbers, the parties shall not 14 include preliminary, general, or concluding instructions in the packet. 3. 15 16 instructions, if any, organized by instruction number. 4. 17 18 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. 19 5. File trial briefs on any controlling issues of law. 20 6. File proposed verdict forms, joint or separate. 21 7. File and serve any objections to exhibits. 22 8. File a joint simplified Statement of the Case to be read to the jury during 23 voir dire as part of the proposed jury instructions. Unless the case is extremely complex, this 24 statement should not exceed one page. 25 B. Any motions in limine shall be submitted as follows: at least twenty (20) calendar 26 days before the conference, the moving party shall serve, but not file, the opening brief. At least 27 ten (10) calendar days before the conference, the responding party shall serve the opposition. 28 There will be no reply. When the oppositions are received, the moving party should collate the 3 Case 3:22-cv-04986-JSC Document 32 Filed 01/19/23 Page 4 of 8 1 motion and the opposition together, back-to-back, and then file the paired sets at least seven (7) 2 calendar days before the conference. Each motion should be presented in a separate memorandum 3 and properly identified, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude . . . .” Each 4 party is limited to bringing five motions in limine. The parties are encouraged to stipulate where 5 possible, for example, as to the exclusion of witnesses from the courtroom. Each motion should 6 address a single, separate topic, and contain no more than seven pages of briefing per side. C. United States District Court Northern District of California 7 Hard-copy courtesy copies of the above documents shall be delivered by NOON 8 the day after filing. The Joint Proposed Final Pretrial Order, jury instructions, and verdict form 9 shall be submitted via e-mail as attachments to The Court requests that 10 all hard-copy submissions be three-hole-punched. 11 V. 12 PRETRIAL ARRANGEMENTS A. Should a daily transcript and/or real-time reporting be desired, the parties shall 13 make arrangements with Rick Duvall, Supervisor of the Court Reporting Services, at 14 (415) 522-2079, at least ten (10) calendar days prior to the trial date. 15 B. During trial, counsel may wish to use overhead projectors, laser-disk/computer 16 graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by all 17 counsel to the maximum extent possible. The Court provides no equipment other than an easel. 18 The United States Marshal requires a court order to allow equipment into the courthouse. For 19 electronic equipment, parties should be prepared to maintain the equipment or have a technician 20 handy at all times. The parties shall tape extension cords to the carpet for safety. The parties may 21 work with the deputy clerk, Ada Means (415-522-2015), on all courtroom-layout issues. 22 SCHEDULING 23 Trial will be conducted from 8:30 a.m. to 2:30 or 3:00 p.m., depending on the availability 24 of witnesses, Monday through Friday. Counsel must arrive by 8:15 a.m., or earlier as needed, for 25 any matters to be heard out of the presence of the jury. The jury will be called at 8:30 a.m. 26 THE JURY 27 The Jury Office asks prospective jurors to complete an online jury questionnaire in 28 advance of their summons date. The standard questionnaire available on the Northern District’s 4 United States District Court Northern District of California Case 3:22-cv-04986-JSC Document 32 Filed 01/19/23 Page 5 of 8 1 website at 2 CAND-Trial_SurveyMonkey_3-2022.pdf. The parties are allowed to add 10 case specific 3 questions to the questionnaire. The parties shall meet and confer, and to the extent possible, file a 4 joint list of proposed questions to add to the questionnaire. To the extent that the parties cannot 5 agree, they may submit separate proposed questions from which the Court will choose 10. The 6 parties joint or separate submissions are due 21 days before trial. The Court will provide the 7 parties with the survey responses the Friday before trial. 8 In civil cases, there are no alternate jurors and the jury is selected as follows: Eighteen to 9 twenty jurors are called to fill the jury box and the row in front of the bar, and are given numbers 10 (1 through 20). The remaining potential jurors will be seated in the public benches. Hardship 11 excuses will usually be considered at this point. Counsel may conduct a limited voir dire. 12 Challenges for cause will then be addressed out of the presence of the potential jurors. The Court 13 will consider whether to fill in the seats of the stricken jurors. If so, questions will be asked of the 14 additional jurors and cause motions as to them will be considered. After a short recess, each side 15 may exercise its allotment of peremptory challenges out of the presence of the potential jurors. 16 The eight (or such other size as will constitute the jury) surviving the challenge process with the 17 lowest numbers become the final jury. If more (or fewer) than eight jurors are to be seated, then 18 the starting number will be adjusted. So too if more than a total of six peremptories are allowed. 19 Once the jury selection is completed, the jurors’ names will be read again and they will be seated 20 in the jury box and sworn. The Court may alter this procedure in its discretion and after 21 consultation with the parties. 22 WITNESSES 23 At the close of each trial day, all counsel shall exchange a list of witnesses for the 24 next two full court days and the exhibits that will be used during direct examination (other than 25 for impeachment of an adverse witness). Within 24 hours of such notice, all other counsel shall 26 provide any objections to such exhibits and shall provide a list of all exhibits to be used with the 27 same witness on cross-examination (other than for impeachment). The first notice shall be 28 exchanged prior to the first day of trial. All such notices shall be provided in writing. 5 Case 3:22-cv-04986-JSC Document 32 Filed 01/19/23 Page 6 of 8 EXHIBITS 1 2 Prior to the Final Pretrial Conference, counsel must meet and confer in person to 3 consider all exhibit numbers and objections and to eliminate duplicate exhibits and confusion over 4 the precise exhibit. 5 United States District Court Northern District of California A. B. Use numbers only, not letters, for exhibits, preferably the same numbers as were 6 used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., 7 Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single 8 exhibit should be marked only once. If the plaintiff has marked an exhibit, then the defendant 9 should not re-mark the exact document with another number. Different versions of the same 10 document, e.g., a copy with additional handwriting, must be treated as different exhibits with 11 different numbers. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be 12 marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s Exhibit” or “Defendant’s 13 Exhibit.” 14 C. The exhibit tag shall be in the following form: 15 16 17 18 19 20 21 22 Counsel preferably will make the tag up in a color that will stand out (yet still allow for 23 photocopying), but that is not essential. Place the tag on or near the lower right-hand corner or, if a 24 photograph, on the back. Counsel should fill in the tag but leave the last two spaces blank. The 25 parties must jointly prepare a single set of all trial exhibits that will be the official record set to be 26 used with the witnesses and on appeal. Each exhibit must be tagged, three-hole-punched, separated 27 with a label divider identifying the exhibit number, and placed in 3-ring binders. Spine labels 28 6 Case 3:22-cv-04986-JSC Document 32 Filed 01/19/23 Page 7 of 8 1 should indicate the numbers of the exhibits that are in the binders. Each set of exhibit binders 2 should be marked as “Original.” Deposit the exhibits with the deputy clerk seven (7) days before 3 the Pretrial Conference. 4 Counsel must consult with each other and with the deputy clerk at the end of each 5 trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If 6 there are any differences, counsel should bring them promptly to the Court’s attention. 7 United States District Court Northern District of California D. E. The parties shall provide the Court with one official set of the record exhibits seven 8 (7) days before the Pretrial Conference. Each exhibit must be separated with a label divider 9 identifying the exhibit number. Spine labels should indicate the numbers of the exhibits that are in 10 the binders. At trial, the parties shall provide individual witness exhibit binders which contain all 11 the exhibits the parties expect to use with the witness. The parties shall provide two copies of each 12 witness binder: one for the witness and one for the Court. 13 14 15 F. Before the closing arguments, counsel must confer with the deputy clerk to make sure the exhibits in evidence are in good order. G. Exhibit notebooks for the jury will not be permitted without prior permission from 16 the Court. Publication must be by poster blow-up, overhead projection, or such other method as is 17 allowed in the circumstances. It is permissible to highlight, circle or underscore in the 18 enlargements as long as it is clear that it was not on the original. 19 CHARGING CONFERENCE 20 As the trial progresses and the evidence is heard, the Court will fashion a comprehensive 21 set of jury instructions to cover all issues actually being tried. Prior to the close of the evidence, 22 the Court will provide a draft final charge to the parties. After a reasonable period for review, one 23 or more charging conferences will be held at which each party may object to any passage, ask for 24 modifications, or ask for additions. Any instruction request must be renewed specifically at the 25 conference or it will be deemed waived, whether or not it was requested prior to trial. If, however, 26 a party still wishes to request an omitted instruction after reviewing the Court’s draft, then it must 27 affirmatively re-request it at the charging conference in order to give the Court a fair opportunity 28 to correct any error. Otherwise, as stated, the request will be deemed abandoned or waived. 7 Case 3:22-cv-04986-JSC Document 32 Filed 01/19/23 Page 8 of 8 1 2 3 4 IT IS SO ORDERED. Dated: January 19, 2023 ______________________________________ 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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