Epic Games, Inc. v. Apple Inc.

Filing 116

CASE SCHEDULING AND PRETRIAL ORDER. Close of Expert Discovery due by 3/31/2021. Close of Fact Discovery due by 2/15/2021. Opening Reports due by 2/15/2021. Rebuttal Reports due by 3/15/2021. Joint statement re compliance deadline is due by 3/26/2021. Bench Trial set for 5/3/2021 08:30 AM before Judge Yvonne Gonzalez Rogers. Joint Pretrial Conference Statement filed by 4/9/2021. Pretrial Conference set for WEDNESDAY, 4/21/2021 09:00 AM before Judge Yvonne Gonzalez Rogers. Compliance deadline re pretrial preparation is set for 4/2/2021 09:01 AM before Judge Yvonne Gonzalez Rogers. Joint proposed agenda for the 10/19/20 CMC filed by 10/15/2020. Signed by Judge Yvonne Gonzalez Rogers on 10/6/2021. (fs, COURT STAFF) (Filed on 10/6/2020)

Case 4:20-cv-05640-YGR Document 116 Filed 10/06/20 Page 1 of 3

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EPIC GAMES, INC.,

Case No. 4:20-cv-05640-YGR

Plaintiff,
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v.

CASE SCHEDULING AND PRETRIAL ORDER

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APPLE INC.,
Re: Dkt. No. 105

Defendant.

United States District Court
Northern District of California

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TO ALL PARTIES AND COUNSEL OF RECORD:

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The Court hereby sets a bench trial date in this action including related pretrial deadlines.

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These dates have been set considering myriad factors, including: the parties’ submissions; the

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efficiencies achieved by discovery having been conducted in the related matters, In re Apple

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iPhone Antitrust, 4:11-cv-06714-YGR (N.D. Cal.), and Donald R. Cameron, et. al. v. Apple Inc.,

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4:19-cv-03074-YGR (N.D. Cal.) (collectively, the “Related Matters”); the parties’ decision to

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request a bench trial; and the Court’s anticipated jury trial schedule in the summer of 2021 given

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the backlog created by the ongoing coronavirus (COVID-19) pandemic.

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Accordingly, for the foregoing reasons, the Court HEREBY SETS the following trial and
pretrial dates:

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SCHEDULE

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NON-EXPERT DISCOVERY CUTOFF:

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DISCLOSURE OF EXPERT REPORTS:

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ALL EXPERTS, RETAINED AND NON-RETAINED
MUST PROVIDE WRITTEN REPORTS COMPLIANT
WITH FRCP 26(A)(2)(B):

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February 15, 2021

Opening: February 15, 2021
Rebuttal: March 15, 2021

Case 4:20-cv-05640-YGR Document 116 Filed 10/06/20 Page 2 of 3

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EXPERT DISCOVERY CUTOFF:

March 31, 20211

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DISPOSITIVE MOTIONS2 / DAUBERT MOTIONS To
BE HEARD BY:

None to be filed without conference

COMPLIANCE HEARING (SEE BELOW)

April 2, 2021 at 9:00 a.m.

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JOINT PRETRIAL CONFERENCE STATEMENT:

April 9, 2021

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PRETRIAL CONFERENCE:

Wednesday, April 21, 2021 at 9:00 a.m.

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TRIAL DATE AND LENGTH:

Monday, May 3, 2021 at 8:30 a.m.
(Bench Trial)

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Pursuant to the Court’s Pretrial Instructions in Civil Cases at Section 2, trial counsel shall
meet and confer in advance of the Pretrial Conference. The Compliance Hearing is intended to

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United States District Court
Northern District of California

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confirm that counsel have reviewed the Court’s Pretrial Setting Instructions and are in compliance

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therewith. Five (5) business days prior to the date of the compliance hearing, the parties shall file

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a one-page JOINT STATEMENT confirming they have complied with this requirement or

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explaining their failure to comply. If compliance is complete, the parties need not appear and the

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compliance hearing will be taken off calendar. Failure to do so may result in sanctions.

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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. All

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

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The Court will determine closer to the trial date whether the bench trial will be conducted

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in person or virtually or some combination thereof. Production of exhibits to the Court will be

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impacted depending on the resolution of this issue.

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In preparation for the case management conference scheduled for October 19, 2020, the

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parties should meet and confer and formulate recommendations to streamline trial issues and

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briefing, including whether briefing on certain legal issues should be staged in advance of the trial.

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To the extent that the parties need to supplement exhibits already filed with the Court in
compliance with the Court’s standing orders, the parties should work cooperatively to do so.
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See Standing Order regarding Pre-filing Conference Requirements for motions for
summary judgment.
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Case 4:20-cv-05640-YGR Document 116 Filed 10/06/20 Page 3 of 3

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In addition, the Court is interested in the potential overlap with the Related Matters. Accordingly,

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the parties are instructed to meet and confer with counsel in the Related Matters as well. A case

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management conference is scheduled in each of those actions at the same time.

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By October 15, 2020, the parties shall jointly file one proposed agenda to inform the
combined case management conference, even if it includes matters unique to a particular action.
IT IS SO ORDERED.
Dated: October 6, 2020
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

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United States District Court
Northern District of California

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