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)

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Case 4:20-cv-05640-YGR Document 116 Filed 10/06/20 Page 1 of 3 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 EPIC GAMES, INC., Case No. 4:20-cv-05640-YGR Plaintiff, 8 v. CASE SCHEDULING AND PRETRIAL ORDER 9 10 APPLE INC., Re: Dkt. No. 105 Defendant. United States District Court Northern District of California 11 12 TO ALL PARTIES AND COUNSEL OF RECORD: 13 The Court hereby sets a bench trial date in this action including related pretrial deadlines. 14 These dates have been set considering myriad factors, including: the parties’ submissions; the 15 efficiencies achieved by discovery having been conducted in the related matters, In re Apple 16 iPhone Antitrust, 4:11-cv-06714-YGR (N.D. Cal.), and Donald R. Cameron, et. al. v. Apple Inc., 17 4:19-cv-03074-YGR (N.D. Cal.) (collectively, the “Related Matters”); the parties’ decision to 18 request a bench trial; and the Court’s anticipated jury trial schedule in the summer of 2021 given 19 the backlog created by the ongoing coronavirus (COVID-19) pandemic. 20 21 Accordingly, for the foregoing reasons, the Court HEREBY SETS the following trial and pretrial dates: 22 SCHEDULE 23 24 NON-EXPERT DISCOVERY CUTOFF: 25 DISCLOSURE OF EXPERT REPORTS: 26 ALL EXPERTS, RETAINED AND NON-RETAINED MUST PROVIDE WRITTEN REPORTS COMPLIANT WITH FRCP 26(A)(2)(B): 27 28 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 1 EXPERT DISCOVERY CUTOFF: March 31, 20211 2 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. 5 JOINT PRETRIAL CONFERENCE STATEMENT: April 9, 2021 6 PRETRIAL CONFERENCE: Wednesday, April 21, 2021 at 9:00 a.m. 7 TRIAL DATE AND LENGTH: Monday, May 3, 2021 at 8:30 a.m. (Bench Trial) 3 4 8 9 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 11 United States District Court Northern District of California 10 confirm that counsel have reviewed the Court’s Pretrial Setting Instructions and are in compliance 12 therewith. Five (5) business days prior to the date of the compliance hearing, the parties shall file 13 a one-page JOINT STATEMENT confirming they have complied with this requirement or 14 explaining their failure to comply. If compliance is complete, the parties need not appear and the 15 compliance hearing will be taken off calendar. Failure to do so may result in sanctions. 16 The parties must comply with both the Court’s Standing Order in Civil Cases and Standing 17 Order for Pretrial Instructions in Civil Cases for additional deadlines and procedures. All 18 Standing Orders are available on the Court’s website at http://www.cand.uscourts.gov/ygrorders. 19 The Court will determine closer to the trial date whether the bench trial will be conducted 20 in person or virtually or some combination thereof. Production of exhibits to the Court will be 21 impacted depending on the resolution of this issue. 22 In preparation for the case management conference scheduled for October 19, 2020, the 23 parties should meet and confer and formulate recommendations to streamline trial issues and 24 briefing, including whether briefing on certain legal issues should be staged in advance of the trial. 25 1 26 27 28 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. 2 See Standing Order regarding Pre-filing Conference Requirements for motions for summary judgment. 2 Case 4:20-cv-05640-YGR Document 116 Filed 10/06/20 Page 3 of 3 1 In addition, the Court is interested in the potential overlap with the Related Matters. Accordingly, 2 the parties are instructed to meet and confer with counsel in the Related Matters as well. A case 3 management conference is scheduled in each of those actions at the same time. 4 5 6 7 8 9 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 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE 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

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