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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 SONG FI, INC, et al., 6 Plaintiffs, 7 Case No. MINUTE ORDER AND CASE MANAGEMENT ORDER v. 8 GOOGLE, INC., et al., 9 Defendants. 10 Clerk: Jean Ballard 11 United States District Court Northern District of California 14-cv-05080-CW Plaintiff Attorney: Edward Lyle; Ronald Wick 12 Defendant Attorney: Brian Willen 13 A case management conference was held on: 2/23/16. The Case 14 Management Statement and Proposed Order filed by the parties is 15 hereby adopted by the Court as the Case Management Order for the 16 case, except as may be noted below. 17 Pretrial Preparation, distributed at the conference, also applies. 18 The case is hereby referred to the following ADR process: 19 Non-binding Arbitration: [] Early Neutral Evaluation: 20 Court-connected mediation: 21 Private mediation: 22 Magistrate 23 completed within 90 days. 24 ADR session to be held by: 25 (or as soon thereafter as is convenient to the mediator's schedule) 26 Deadline to add additional parties or claims: 27 Date of next case management conference: Completion of Fact Discovery: 28 Judge The Court's standard Order for [] [] [] (random) settlement conference: [x] to be 1 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 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. 16 17 18 19 20 21 22 23 24 25 26 27 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. 28 2 1 2 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. 3 4 5 6 7 8 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 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 3 1 ORDER FOR PRETRIAL PREPARATION 2 3 PRETRIAL CONFERENCE 4 1. 5 counsel 6 described in Civil L.R. 16-10(b)(7),(8),(9), and (10), and their 7 motions in limine. 8 9 10 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: 11 12 Not less than 28 days prior to the pretrial conference, (a) Preparation and content of the joint pretrial conference statement; 13 (b) Resolution of any differences between the parties 14 regarding 15 conference statement and the preparation and exchange of pretrial 16 materials 17 Pretrial Preparation. 18 resolved, the parties will present the issues in the pretrial 19 conference statement so that the judge may rule on the matter 20 during the pretrial conference; and 21 to preparation be (c) 22 23 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. 24 (a) Pretrial Conference Statement. 25 file 26 The parties shall following information: a joint 27 (1) 28 (A) pretrial conference statement containing the The Action. Substance of the Action. 4 A brief description of 1 the substance of claims and defenses which remain to be decided. 2 (B) Relief Prayed. claimed, particularly 3 relief 4 A detailed statement of all the claimed. itemizing all elements 5 (2) (A) Undisputed Facts. 7 A plain and concise statement of all relevant facts not reasonably disputed. 8 (B) 9 statement 10 Disputed Factual Issues. A plain and concise decided. 11 United States District Court Northern District of California damages The Factual Basis of the Action. 6 of of all (C) disputed factual Agreed Statement. 12 all 13 issues which remain to be A statement assessing whether statement of facts. or part 14 15 of (D) the action may Stipulations. be A presented statement upon of an agreed stipulations requested or proposed for pretrial or trial purposes. 16 (3) Disputed Legal Issues. 17 argument, 18 Without extended legal concerning liability or relief. 19 20 a concise (4) statement of each disputed Further Discovery or Motions. point of law A statement of all remaining discovery or motions. 21 (5) 22 (A) Trial Alternatives and Options. Settlement Discussions. A statement summarizing 23 the 24 further negotiations are likely to be productive. status 25 of (B) settlement negotiations and indicating whether Consent to Trial Before a Magistrate Judge. A 26 statement whether the parties consent to a court or jury trial 27 before 28 Circuit. a magistrate judge, with 5 appeal directly to the Ninth 1 (C) Bifurcation, Separate Trial of Issues. A statement 2 of whether bifurcation or a separate trial of specific issues is 3 feasible and desired. 4 (6) Miscellaneous. 5 trial 6 Any other subjects relevant to the inexpensive determination. of 7 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- 9 2(b)), description, and sponsoring witness, followed by blanks to 10 accommodate the date on which it is marked for identification and 11 United States District Court Northern District of California 8 the date on which it is admitted into evidence. 12 permitted to offer any exhibit in its case-in-chief that is not 13 disclosed in its exhibit list without leave of the Court for good 14 cause 15 exhibits to the Courtroom Deputy. The exhibit markers shall each 16 contain the 17 exhibit, 18 Deputy Clerk's initials. 19 on the Court’s website at www.cand.uscourts.gov). 20 to 21 indicated in the pretrial statement. shown. the and exhibits 22 (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 23 FRCivP 26(a)(3)(A), a brief statement describing the substance of 24 the testimony to be given by each witness who may be called at 25 trial. 26 case-in-chief 27 without leave of Court for good cause shown. 28 No party shall be permitted to call any witness in its (d) who is not disclosed in its Use of Discovery Responses. 6 pretrial statement In addition to the 1 requirements of FRCivP 26(a)(3)(B), a designation of any excerpts 2 from 3 intended 4 objections 5 conferred respecting such objections. interrogatory to 6 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 7 issues of law, including foreseeable procedural and evidentiary 8 issues, which remain after the pretrial meeting. 9 (f) Motions in Limine. Any motions in limine that could not be settled at the pretrial meeting shall be filed with 11 United States District Court Northern District of California 10 the pretrial statement. 12 within one document, limited to 25 pages pursuant to Civil L.R. 7- 13 2(b), with each motion listed as a subheading. 14 motions in limine shall be contained within one document, limited 15 to 25 pages, with corresponding subheadings, and filed seven (7) 16 days thereafter. 17 (g) All motions in limine shall be contained Joint Proposed Voir Dire. Opposition to the The attached voir dire 18 questionnaire will be given to the venire members, and copies of 19 the responses will be made available to counsel at the beginning 20 of voir dire. 21 voir dire, to be included in the questionnaire or posed by the 22 Court, to which they have agreed at the pretrial meeting. 23 voir 24 submitted separately. 25 dire after the Court's questioning. 26 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, 27 jury instructions §1.1A, §1.1C, §1.2 through §1.17, §1.19, §2.1 28 through §2.13, §3.1 through §3.3 from the Manual of Model Civil 7 1 Jury Instructions for the Ninth Circuit (most recent edition) will 2 be given absent objection. 3 of 4 agreed at the pretrial meeting. 5 in a logical sequence, together with a table of contents. 6 instruction 7 "disputed," and shall be included within the jointly submitted 8 instructions 9 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. 11 United States District Court Northern District of California 10 instruction shall be included as part of the joint submission, on 12 separate pages directly following the disputed instruction. Argument and authority for and against each disputed 13 The parties shall email to cwpo@cand.uscourts.gov a copy of 14 their proposed jury instructions in WordPerfect or Word format. 15 The subject of the email should include the name of the parties, 16 the case number and a description of the document. 17 (i) 18 (j) Proposed Verdict Forms, Joint or Separate. Proposed Findings of Fact and Conclusions of Law 19 (Court Trial only). 20 each proposed Finding of Fact to any supporting evidence. The 21 parties 22 proposed findings of fact and conclusions of law in WordPerfect or 23 Word format. 24 the parties, the case number and a description of the document. 25 JURY SELECTION 26 The shall Jury email The Court requests that the parties hyperlink to cwpo@cand.uscourts.gov a copy of their The subject of the email should include the name of Commissioner will summon 20 to 25 prospective 27 jurors. 28 and seat them in the courtroom in the order in which their names The Courtroom Deputy will select their names at random 8 1 are called. 2 counsel. 3 Copies of their questionnaires will be provided to Voir dire will be asked of sufficient venire persons so that 4 eight 5 peremptory 6 dismissals and cause challenges have been made. 7 (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 8 hardship claims from the individual jurors, outside the presence 9 of the venire. The Court will inform the attorneys which hardship claims and cause challenges will be granted, but will not announce 11 United States District Court Northern District of California 10 those dismissals until the process is completed. 12 then 13 attorneys will review each other's lists and then submit them to 14 the Courtroom Deputy. list in writing up to three peremptory Each side may challenges. The 15 Then, from the list of jurors in numerical order, the Court 16 will strike the persons with meritorious hardships, those excused 17 for cause, and those challenged peremptorily, and call the first 18 eight people in numerical sequence remaining. 19 be the jury. 20 All jurors 21 deliberate. 22 remaining at the close Those people will of the case will SANCTIONS 23 24 There are no alternates. Failure to comply with this Order is cause for sanctions under Federal Rule of Civil Procedure 16(f). 25 26 27 28 IT IS SO ORDERED. Dated:3/3/16 ________________________________ CLAUDIA WILKEN United States District Judge 9 _________ 1 JUROR QUESTIONNAIRE 2 5 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. 6 1. Your name: ________________________________________________ 7 2. Your age: _________________________________________________ 8 3 The city where you live: __________________________________ 3 4 9 How long have you lived there:_____________________________ 4. Your place of birth: ______________________________________ 11 United States District Court Northern District of California 10 5. Do you rent or own your own home? _________________________ 12 6. Your marital status: (circle one) 13 14 single 7. married live with partner separated divorced widowed What is your occupation, and how long have you worked in it? 15 (If you are retired, please describe your main 16 when you were working). occupation 17 _______________________________________________________________ 18 _______________________________________________________________ 19 8. 20 _______________________________________________________________ 21 9. How long have you worked for this employer? ______________ 22 10. Please list the occupations of any adults with whom you 23 Who is (or was) your employer? live. 24 _______________________________________________________________ 25 11. 26 If you have children, please list their ages and sex and, if they are employed, please give their occupations. 27 _______________________________________________________________ 28 _______________________________________________________________ 10 1 2 12. Please describe your educational background: 3 Highest grade completed: _________________________________ 4 College and/or vocational schools you have attended: 5 Major areas of study:_____________________________________ 6 13. Have you ever served on a jury before? ________ How many times?________ 8 If yes: 9 When? ____________________________________________________ 10 Was it a civil or criminal case? _________________________ 11 United States District Court Northern District of California 7 Did the jury(ies) reach a verdict? _______________________ State/County Court _______ Federal Court _______ 12 14. 13 representing the parties, attorneys in this case, and persons who 14 are potential witnesses in this case. 15 know, any of the persons listed? 16 Yes:_____ 17 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. 18 19 20 21 22 23 24 25 26 27 28 11

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