In re: High-Tech Employee Antitrust Litigation

Filing 421

CASE MANAGEMENT ORDER. Signed by Judge Lucy H. Koh on 5/15/2013. (lhklc3, COURT STAFF) (Filed on 5/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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IN RE HIGH-TECH EMPLOYEE
ANTITRUST LITIGATION

Master Docket No. 11-CV-02509-LHK
CASE MANAGEMENT ORDER

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THIS DOCUMENT RELATES TO:
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ALL ACTIONS
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Plaintiffs’ Attorneys:

Kelly M. Dermody, Brendan P. Glackin, Dean M. Harvey, Lisa
Cisneros; Joseph R. Saveri, James G.B. Dallal

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Defendants’ Attorneys:

Robert A. Mittelstaedt and Catherine T. Zeng for Adobe Systems,
Inc. and Intuit, Inc.; George Riley and Christina Brown for Apple
Inc.; Lee H. Rubin for Google Inc.; Frank Hinman for Intel Corp.;
Daniel E. Purcell for Lucasfilm Ltd.; Emily J. Henn and John Nields
for Pixar.

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A case management conference was held on May 15, 2013. A further case management
conference is set for August 8, 2013, at 2:00 p.m.
By May 22, 2013, the parties shall file a mediation status report with the name of the
mediator and the date of the scheduled mediation.
By July 22, 2013, at 10:00 a.m., the parties shall file a joint status report regarding the
outcome of the parties’ mediation. The deadline to complete mediation remains July 19, 2013.
At the August 8, 2013 hearing on Plaintiff’ Motion for Class Certification, the parties’
experts shall be present and available to answer any of the Court’s questions, if necessary.
At the case management conference, the Court set the following page limitations for the
parties’ dispositive motions, Daubert Motions, and Motions in Limine:
 DISPOSITIVE MOTIONS
o Defendants shall file a joint motion for summary judgment addressing common issues
not to exceed a total of 15 pages. Plaintiffs shall file an opposition to the joint motion
not to exceed a total of 15 pages. Defendants shall file a joint reply not to exceed a total
of 10 pages.
Case No.: 11-CV-02509-LHK
CASE MANAGEMENT ORDER

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

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

o Defendants shall file a motion for summary judgment addressing issues specific to
individual Defendants not to exceed a total of 42 pages. Plaintiffs shall file an
opposition not to exceed a total of 42 pages. Defendants shall file a reply not to exceed
a total of 32 pages.
o Plaintiffs shall file one joint motion for summary judgment not to exceed 14 pages.
Defendants shall file one joint opposition not to exceed 14 pages. Plaintiffs shall file
one reply not to exceed 10 pages.
DAUBERT MOTIONS
o The parties’ Daubert motions shall be limited to a total of 25 pages per side, with
oppositions not to exceed a total of 25 pages per side, and replies not to exceed a total
of 15 pages per side.
MOTIONS IN LIMINE
o Defendants combined shall file motions in limine not to exceed a total of 40 pages.
Plaintiffs shall file oppositions not to exceed a total of 40 pages. Defendants combined
shall file replies not to exceed a total of 30 pages.

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o Plaintiffs shall file motions in limine not to exceed a total of 25 pages. Defendants
combined shall file oppositions not to exceed a total of 25 pages. Plaintiffs shall replies
not to exceed a total of 15 pages.

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The case schedule was amended as follows:

United States District Court
For the Northern District of California

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CLASS CERTIFICATION

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Plaintiffs’ Supplemental Class Certification Brief: May 10, 2013
Defendants’ Opposition Brief: June 21, 2013
Plaintiffs’ Reply Brief: July 12, 2013
Hearing on Class Certification: Thursday, August 8, 2013, at 1:30 p.m.
If the parties intend to move to strike any of the expert testimony or other evidence offered in
connection with class certification, the parties must make such motion within the page limits
allotted for the class certification briefing.

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INITIAL EXPERT REPORTS: October 28, 2013

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REBUTTAL EXPERT REPORTS: November 25, 2013

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REPLY EXPERT REPORTS: December 11, 2013

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EXPERT DISCOVERY CUTOFF: December 23, 2013

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DISPOSITIVE MOTIONS and DAUBERT MOTIONS shall be filed no later than January 9, 2014.
The parties’ oppositions are due February 6, 2014. The parties’ replies are due February 27, 2014.
The hearings on the parties’ dispositive motions and Daubert motions shall be set for March 20,
2014, at 1:30 p.m., and March 27, 2014, at 1:30 p.m. By March 6, 2014, the parties shall file a
joint statement regarding the distribution of summary judgment and Daubert motions for the
March 20 and March 27 hearing dates.

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PRETRIAL CONFERENCE DATE is May 8, 2014, at 1:30 p.m. By April 7, 2014, the parties
shall exchange their witness and exhibit lists. By April 10, 2014, the parties shall file their
respective Motions in Limine. By April 17, 2014, the parties shall file their respective oppositions
to the Motions in Limine. By April 24, 2014, the parties shall file their respective replies to the
Motions in Limine.

Case No.: 11-CV-02509-LHK
CASE MANAGEMENT ORDER

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JURY TRIAL DATE is May 27, 2014, at 9:00 a.m. The trial length is estimated to be 17 days.
IT IS SO ORDERED.

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Dated: May 15, 2013

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United States District Court
For the Northern District of California

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Case No.: 11-CV-02509-LHK
CASE MANAGEMENT ORDER

_________________________________
LUCY H. KOH
United States District Judge