Cellspin Soft, Inc. v. Fitbit, Inc.

Filing 260

SCHEDULING PRETRIAL ORDER. Signed by Judge Yvonne Gonzalez Rogers on 11/5/2021. (fs, COURT STAFF) (Filed on 11/5/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CELLSPIN SOFT, INC.,

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v.

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Case No. 17-cv-05928-YGR
Case No. 17-cv-5931-YGR
Case No. 17-cv-5932-YGR
Case No. 17-cv-5933-YGR
Case No. 17-cv-5934-YGR
Case No. 17-cv-5936-YGR

Plaintiff,

FITBIT LLC,
Defendant.

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SCHEDULING PRETRIAL ORDER

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United States District Court
Northern District of California

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TO ALL PARTIES AND COUNSEL OF RECORD:
On November 1, 2021, the Court conducted a case management conference with the
parties. Upon further reflection, the Court finds this set of cases would benefit from a full revised
schedule which it has constructed, in part, from the parties’ joint submission. Accordingly, the
Court hereby sets the following trial and pretrial dates:

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PRETRIAL SCHEDULE
DEFENDANTS’ DEADLINE TO FILE LETTERS
REQUESTING LEAVE TO FILE MOTIONS FOR
SUMMARY JUDGMENT

December 6, 2021

PLAINTIFF’S DEADLINE TO RESPOND TO
DEFENDANTS’ LETTER REQUESTING LEAVE

December 13, 2021

PRE-FILING HEARING ON LEAVE TO FILE MOTIONS
FOR SUMMARY JUDGMENT1

December 16, 2021 at 9:00 a.m.

DAUBERT AND SUMMARY JUDGMENT MOTION
DEADLINE

December 23, 2021

DAUBERT AND SUMMARY JUDGMENT OPPOSITION
DEADLINE

January 20, 2022 (extended in recognition
of the holiday season)

DAUBERT AND SUMMARY JUDGMENT REPLY
DEADLINE

February 3, 2022

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See Standing Order regarding Pre-filing Conference Requirements for motions for
summary judgment.

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HEARING ON DISPOSITIVE MOTIONS

February 25, 2022

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EXCHANGE OF EXHIBITS (PURSUANT TO
PARAGRAPH 6 OF STANDING ORDER RE: PRETRIAL
INSTRUCTIONS IN CIVIL CASES)

March 25, 2022

EXCHANGE OF MOTIONS IN LIMINE (PARAGRAPH 4)

April 1, 2022

COMPLIANCE JOINT STATEMENT (SEE PAGE 2)

April 8, 2022

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OPPOSITIONS TO UNRESOLVED MOTIONS IN LIMINE
(PARAGRAPH 4)

April 15, 2022

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COMPLIANCE HEARING (SEE PAGE 2)

Friday, April 15, 2022 at 9:01 a.m.

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JOINT PRETRIAL CONFERENCE STATEMENT
(PARAGRAPH 2)

April 19, 2022

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JOINT TRIAL READINESS BINDERS (PARAGRAPH 3)

April 22, 2022

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PRETRIAL CONFERENCE

Friday, May 6, 2022 at 9:00 a.m.

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TRIAL DATE

Monday, May 23, 2022 at 8:30 a.m.

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United States District Court
Northern District of California

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During the November 1, 2021 hearing, each defendant informed the Court that it intends to
request leave to file a motion for summary judgment. Each defendant also intends to submit a
Daubert motion addressing plaintiff’s three expert witnesses. To streamline the parties’ disputes,
each party is limited to one Daubert motion for all three expert witnesses. The Court sets the page
limits to 35 pages apiece for each individual party’s Daubert motion and opposition, and 20 pages
apiece for reply briefs. To the extent the defendants’ arguments concerning plaintiff’s expert
witnesses overlap, the Court permits the defendants to submit one single, joint, additional brief in
support of the collective Daubert motions not to exceed 20 pages.
Pursuant to the Court’s Pretrial Instructions in Civil Cases at Paragraph 2, trial counsel
shall meet and confer in advance of the Pretrial Conference. The compliance hearing on Friday,
April 15, 2022 at 9:01 a.m. is intended to confirm that counsel have reviewed the Court’s Pretrial
Setting Instructions and are in compliance therewith. The compliance hearing shall be held in the
Federal Courthouse, 1301 Clay Street, Oakland, California, in Courtroom 1. Five (5) business

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days prior to the date of the compliance hearing, the parties shall file a one-page JOINT

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STATEMENT confirming they have complied with this requirement or explaining their failure to

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comply. If compliance is complete, the parties need not appear and the compliance hearing will be

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taken off calendar. Telephonic appearances will be allowed if the parties have submitted a joint

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statement in a timely fashion. Failure to do so may result in sanctions.

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Parties are advised that while the Court set a trial date in this action, the trial date may be

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advanced if the calendar opens. Said trial date will not be sooner than eight (8) weeks after the

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close of discovery.

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Modification to the timing or extent of parties’ discovery obligations under Fed. R. Civ. P.
26 and other applicable rules may be done pursuant to a separate Court Order. The parties are

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United States District Court
Northern District of California

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directed to submit a JOINT proposed order to the Court within five (5) business days following

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the date of the Case Management Conference which sets forward the modifications.

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The parties must comply with both the Court’s Standing Order in Civil Cases and Standing

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Order for Pretrial Instructions in Civil Cases for additional deadlines and procedures. The dates

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listed in the above table at Page 1 control where there are conflicts, if any, between the above

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schedule and the timing described in the Court’s Standing Order. All Standing Orders are

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available on the Court’s website at http://www.cand.uscourts.gov/ygrorders.

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IT IS SO ORDERED.
Dated: November 5, 2021
______________________________________
YVONNE GONZALEZ ROGERS
United States District Judge

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