SONG FI, INC. v. GOOGLE, INC. et al

Filing 86

MINUTE ORDER AND CASE MANAGEMENT ORDER. Signed by Judge Claudia Wilken on 2/23/16. (jebS, COURT STAFF) (Filed on 3/10/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SONG FI, INC, et al.,

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Plaintiffs,

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Case No.

MINUTE ORDER AND CASE
MANAGEMENT ORDER

v.

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GOOGLE, INC., et al.,

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Defendants.

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Clerk: Jean Ballard

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United States District Court
Northern District of California

14-cv-05080-CW

Plaintiff Attorney: Edward Lyle; Ronald Wick

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Defendant Attorney: Brian Willen

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A case management conference was held on: 2/23/16.

The Case

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Management Statement and Proposed Order filed by the parties is

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hereby adopted by the Court as the Case Management Order for the

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case, except as may be noted below.

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Pretrial Preparation, distributed at the conference, also applies.

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The case is hereby referred to the following ADR process:

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Non-binding Arbitration: [] Early Neutral Evaluation:

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Court-connected mediation:

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Private mediation:

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Magistrate

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completed within 90 days.

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ADR session to be held by:

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(or as soon thereafter as is convenient to the mediator's schedule)

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Deadline to add additional parties or claims:

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Date of next case management conference:
Completion of Fact Discovery:

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Judge

The Court's standard Order for

[]

[]

[]
(random)

settlement

conference:

[x]

to

be

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United States District Court
Northern District of California

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Plaintiffs’ Expert Designations:

10/17/16

Defendants’ Expert Designations:

11/16/16

Plaintiffs’ Rebuttal Expert Designations:

12/16/17

Completion of Expert Discovery:

2/1/17

Further case management conference, and all case-dispositive
motions, to be heard at 2:30 P.M. on or before:

3/27/17

Final Pretrial Conference at 2:30 P.M. on:

6/15/17

An 8 day jury Trial will begin at 8:30 A.M. on:

7/17/17

Discovery disputes will be referred to a Magistrate Judge. After
the parties have met and conferred, the parties shall prepare a
joint letter of not more than 8 pages explaining the dispute. Up
to 12 pages of attachments may be added. The joint letter must be
electronically filed under the Civil Events category of "Motions
and Related Filings >Motions-- General > Discovery Letter Brief."
The Magistrate Judge to whom the matter is assigned will advise the
parties of how that Judge intends to proceed. The Magistrate Judge
may issue a ruling, order more formal briefing, or set a telephone
conference or a hearing.
After a Magistrate Judge has been
assigned, all further discovery matters shall be filed pursuant to
that Judge's procedures.

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Motions for Summary Judgment: Absent permission from the Court, all
case-dispositive motions in a case will be briefed and heard
together, on the case-dispositive motion hearing cut-off date, or
on an earlier available date agreed to by the parties.
Multiple
parties should file joint briefs if possible. If Plaintiffs wish
to file a motion for summary judgment, they shall do so 6 weeks
before the cut-off date. If Defendants wish to file a cross-motion
as well as an opposition to the motion, any cross-motion shall be
contained within the opposition to the motion, which may contain up
to 25 pages in total, and shall be filed 14 days after the filing
of the motion.
The reply to the motion shall include the
opposition to any cross-motion, may contain up to 15 pages in
total, and shall be filed 7 days after the filing of the
opposition.
A reply to any cross-motion may contain up to 15
pages, and shall be filed 7 days after the filing of the
opposition.
If Plaintiffs do not file a motion for summary
judgment, Defendants may file one 5 weeks before the casedispositive motion hearing cut-off date and the schedule in Local
Rule 7-3 shall apply. Courtesy copies of multi-page exhibits for
chambers should be clearly marked with tabbed dividers.

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Civil motion calendar is conducted on Tuesdays at 2:30 p.m. Parties
need not reserve a hearing date for civil motions; however, parties
must check the legal newspapers or the Court’s website at
www.cand.uscourts.gov for unavailable dates.

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A Further Case Management Conference will be held on the casedispositive motion hearing cut-off date, whether or not dispositive
motions are filed.
Dated:3/3/16
________________________________
CLAUDIA WILKEN
United States District Judge

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United States District Court
Northern District of California

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ORDER FOR PRETRIAL PREPARATION

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PRETRIAL CONFERENCE

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1.

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counsel

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described in Civil L.R. 16-10(b)(7),(8),(9), and (10), and their

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motions in limine.

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2.

United States District Court
Northern District of California

shall

exchange

(but

not

file

or

lodge)

the

papers

At least 21 days before the final pretrial conference,

lead counsel who will try the case shall meet and confer with
respect to:

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Not less than 28 days prior to the pretrial conference,

(a)

Preparation

and

content

of

the

joint

pretrial

conference statement;

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(b)

Resolution of any differences between the parties

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regarding

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conference statement and the preparation and exchange of pretrial

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materials

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Pretrial Preparation.

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resolved, the parties will present the issues in the pretrial

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conference statement so that the judge may rule on the matter

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during the pretrial conference; and

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to

preparation

be

(c)

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the

3.

served

and

and

content

lodged

of

pursuant

the

to

joint

this

pretrial

Order

for

To the extent such differences are not

Settlement of the action.

Not less than 14 days prior to the pretrial conference,

counsel shall submit the following.

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(a)

Pretrial Conference Statement.

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file

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The parties shall

following information:

a

joint

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(1)

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(A)

pretrial

conference

statement

containing

the

The Action.
Substance of the Action.
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A brief description of

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the substance of claims and defenses which remain to be decided.

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(B)

Relief Prayed.

claimed,

particularly

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relief

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A detailed statement of all the

claimed.

itemizing

all

elements

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(2)
(A)

Undisputed Facts.

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A plain and concise statement of

all relevant facts not reasonably disputed.

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(B)

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statement

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Disputed

Factual

Issues.

A

plain

and

concise

decided.

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United States District Court
Northern District of California

damages

The Factual Basis of the Action.

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of

of

all

(C)

disputed

factual

Agreed Statement.

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all

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issues

which

remain

to

be

A statement assessing whether

statement of facts.

or

part

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15

of

(D)

the

action

may

Stipulations.

be

A

presented

statement

upon

of

an

agreed

stipulations

requested or proposed for pretrial or trial purposes.

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(3)

Disputed Legal Issues.

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argument,

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Without extended legal

concerning liability or relief.

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a

concise

(4)

statement

of

each

disputed

Further Discovery or Motions.

point

of

law

A statement of all

remaining discovery or motions.

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(5)

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(A)

Trial Alternatives and Options.
Settlement Discussions.

A statement summarizing

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the

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further negotiations are likely to be productive.

status

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of

(B)

settlement

negotiations

and

indicating

whether

Consent to Trial Before a Magistrate Judge.

A

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statement whether the parties consent to a court or jury trial

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before

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Circuit.

a

magistrate

judge,

with

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appeal

directly

to

the

Ninth

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(C)

Bifurcation, Separate Trial of Issues.

A statement

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of whether bifurcation or a separate trial of specific issues is

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feasible and desired.

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(6)

Miscellaneous.

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trial

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Any other subjects relevant to the

inexpensive determination.

of

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the

(b)

action,

or

material

to

its

just,

Exhibit List and Objections.

speedy

and

The exhibit list

shall list each proposed exhibit by its number (see Civil L.R. 30-

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2(b)), description, and sponsoring witness, followed by blanks to

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accommodate the date on which it is marked for identification and

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United States District Court
Northern District of California

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the date on which it is admitted into evidence.

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permitted to offer any exhibit in its case-in-chief that is not

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disclosed in its exhibit list without leave of the Court for good

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cause

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exhibits to the Courtroom Deputy.

The exhibit markers shall each

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contain

the

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exhibit,

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Deputy Clerk's initials.

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on the Court’s website at www.cand.uscourts.gov).

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to

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indicated in the pretrial statement.

shown.

the
and

exhibits

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(c)

Parties

name

and

blanks

which

shall

number

to

also

of

deliver

accommodate

remain

case,

the

a

No party shall be

set

the

date

of

premarked

number

admitted

of

the

and

the

(Appropriate sample forms are available

after

Witness List.

the

pretrial

Any objections

meeting

shall

be

In addition to the requirements of

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

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the testimony to be given by each witness who may be called at

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trial.

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case-in-chief

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without leave of Court for good cause shown.

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No party shall be permitted to call any witness in its

(d)

who

is

not

disclosed

in

its

Use of Discovery Responses.
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pretrial

statement

In addition to the

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requirements of FRCivP 26(a)(3)(B), a designation of any excerpts

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from

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intended

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objections

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conferred respecting such objections.

interrogatory
to

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be
to

(e)

answers

offered
use

of

at

or

trial.

these

Trial briefs.

from

responses
Counsel

materials

and

for

admissions

shall

indicate

that

counsel

any
have

Briefs on all significant disputed

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issues of law, including foreseeable procedural and evidentiary

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issues, which remain after the pretrial meeting.

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(f)

Motions in Limine.

Any motions in limine that

could not be settled at the pretrial meeting shall be filed with

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United States District Court
Northern District of California

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the pretrial statement.

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within one document, limited to 25 pages pursuant to Civil L.R. 7-

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2(b), with each motion listed as a subheading.

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motions in limine shall be contained within one document, limited

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to 25 pages, with corresponding subheadings, and filed seven (7)

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days thereafter.

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(g)

All motions in limine shall be contained

Joint Proposed Voir Dire.

Opposition to the

The attached voir dire

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questionnaire will be given to the venire members, and copies of

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the responses will be made available to counsel at the beginning

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of voir dire.

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voir dire, to be included in the questionnaire or posed by the

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Court, to which they have agreed at the pretrial meeting.

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voir

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submitted separately.

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dire after the Court's questioning.

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dire

Counsel may submit a set of additional requested

questions

(h)

on

which

counsel

cannot

agree

shall

Any
be

Counsel may be allowed brief follow-up voir

Joint Proposed Jury Instructions.

As applicable,

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jury instructions §1.1A, §1.1C, §1.2 through §1.17, §1.19, §2.1

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through §2.13, §3.1 through §3.3 from the Manual of Model Civil
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Jury Instructions for the Ninth Circuit (most recent edition) will

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be given absent objection.

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of

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agreed at the pretrial meeting.

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in a logical sequence, together with a table of contents.

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instruction

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"disputed," and shall be included within the jointly submitted

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instructions

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where the party proposing the instruction believes it should be

additional

proposed

on

which

and

Counsel shall jointly submit one set

jury

instructions,

counsel

accompanying

to

which

they

have

The instructions shall be ordered

cannot

table

agree

of

shall

contents,

be

Any

marked

in

the

as

place

given.

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United States District Court
Northern District of California

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instruction shall be included as part of the joint submission, on

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separate pages directly following the disputed instruction.

Argument

and

authority

for

and

against

each

disputed

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The parties shall email to [e-mail] a copy of

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their proposed jury instructions in WordPerfect or Word format.

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The subject of the email should include the name of the parties,

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the case number and a description of the document.

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(i)

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(j)

Proposed Verdict Forms, Joint or Separate.
Proposed Findings of Fact and Conclusions of Law

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(Court Trial only).

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each proposed Finding of Fact to any supporting evidence. The

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parties

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proposed findings of fact and conclusions of law in WordPerfect or

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Word format.

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the parties, the case number and a description of the document.

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JURY SELECTION

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The

shall

Jury

email

The Court requests that the parties hyperlink

to

[e-mail]

a

copy

of

their

The subject of the email should include the name of

Commissioner

will

summon

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to

25

prospective

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jurors.

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and seat them in the courtroom in the order in which their names

The Courtroom Deputy will select their names at random

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are called.

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counsel.

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Copies of their questionnaires will be provided to

Voir dire will be asked of sufficient venire persons so that

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eight

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peremptory

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dismissals and cause challenges have been made.

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(or

The

more

for

challenges

Court

will

a

lengthy
and

an

then

trial)

will

anticipated

take

cause

remain

number

after

of

challenges,

and

all

hardship

discuss

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hardship claims from the individual jurors, outside the presence

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of the venire.

The Court will inform the attorneys which hardship

claims and cause challenges will be granted, but will not announce

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United States District Court
Northern District of California

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those dismissals until the process is completed.

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then

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attorneys will review each other's lists and then submit them to

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the Courtroom Deputy.

list

in

writing

up

to

three

peremptory

Each side may

challenges.

The

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Then, from the list of jurors in numerical order, the Court

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will strike the persons with meritorious hardships, those excused

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for cause, and those challenged peremptorily, and call the first

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eight people in numerical sequence remaining.

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be the jury.

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All

jurors

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deliberate.

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remaining

at

the

close

Those people will

of

the

case

will

SANCTIONS

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There are no alternates.

Failure to comply with this Order is cause for sanctions
under Federal Rule of Civil Procedure 16(f).

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IT IS SO ORDERED.
Dated:3/3/16

________________________________
CLAUDIA WILKEN
United States District Judge
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JUROR QUESTIONNAIRE

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Please fill out this form as completely as possible and print
clearly. Since we want to make copies for the attorneys and the
Court, do not write on the back of any page. If you need more
room, continue at the bottom of the page. Thank you for your
cooperation.

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1.

Your name: ________________________________________________

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2.

Your age: _________________________________________________

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3

The city where you live: __________________________________

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4

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How long have you lived there:_____________________________
4.

Your place of birth: ______________________________________

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United States District Court
Northern District of California

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5.

Do you rent or own your own home? _________________________

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6.

Your marital status: (circle one)

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single

7.

married

live with partner

separated

divorced

widowed

What is your occupation, and how long have you worked in it?

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(If you are retired, please describe your main

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when you were working).

occupation

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_______________________________________________________________

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_______________________________________________________________

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8.

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_______________________________________________________________

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9.

How long have you worked for this employer? ______________

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10.

Please list the occupations of any adults with whom you

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Who is (or was) your employer?

live.

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_______________________________________________________________

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11.

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If you have children, please list their ages and sex and, if
they are employed, please give their occupations.

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_______________________________________________________________

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_______________________________________________________________
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Please describe your educational background:

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Highest grade completed: _________________________________

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College and/or vocational schools you have attended:

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Major areas of study:_____________________________________

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13.

Have you ever served on a jury before? ________ How many
times?________

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If yes:

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When? ____________________________________________________

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Was it a civil or criminal case? _________________________

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United States District Court
Northern District of California

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Did the jury(ies) reach a verdict? _______________________

State/County Court _______ Federal Court _______

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14.

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representing the parties, attorneys in this case, and persons who

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are potential witnesses in this case.

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know, any of the persons listed?

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Yes:_____

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Attached is a list of the parties in this case, the law firms

Do you know, or think you

No:_____

If so, make a check next to their name.

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