Luxul Technology Inc. v. Nectarlux, LLC et al

Filing 198

PRETRIAL CONFERENCE ORDER. Signed by Judge Lucy H. Koh on July 7, 2016. (lhklc1, COURT STAFF) (Filed on 7/7/2016)

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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
Northern District of California

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Plaintiff,

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Case No.14-cv-03656-LHK

LUXUL TECHNOLOGY INC.,

PRETRIAL CONFERENCE ORDER

v.

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NECTARLUX, LLC, et al.,

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Defendants.

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Plaintiff’s Attorney: Melinda Morton
Defendants’ Attorney: Mark Johnson
A pretrial conference was held on July 7, 2016. At the pretrial conference, the Court made
the following rulings on the record:
TRIAL SCHEDULE: Trial will take place on the following days:
1. Monday, August 8, 2016
2. Tuesday, August 9, 2016
3. Friday, August 12, 2016
4. Monday, August 15, 2016
Trial will take place from 9:00 a.m. to 4:30 p.m. There will be a lunch break from noon to 1:00
p.m daily. There will be an approximately 15 minute break at about 10:30 a.m., and an
approximately 10 minute break at about 2:15 p.m. and at about 3:30 p.m. each day. Jury
deliberations will take place on consecutive business days.
TIME LIMITS: The parties shall have 6 hours of evidence per side. The parties shall have 20
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Case No. 14-CV-03656-LHK
PRETRIAL CONFERENCE ORDER

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United States District Court
Northern District of California

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minutes per side for opening statements and 30 minutes per side for closing arguments.
JURORS: The Court will empanel eight jurors. Each side may exercise up to three peremptory
challenges.
VOIR DIRE: The Court will conduct voir dire. The Court will allow 12 minutes of attorney voir
dire per side. By July 13, 2016, the parties shall file a joint list of witnesses, experts, law firms,
attorneys, support staff, and any other individuals involved with the case, along with trial dates
and times, to be distributed during jury selection. The parties shall bring 32 hard copies of this list
on August 8, 2016.
PRELIMINARY JURY INSTRUCTIONS: The Court will file a proposed set of preliminary jury
instructions by July 27, 2016. The parties shall file any objections by July 29, 2016.
OTHER SUPPLEMENTAL FILINGS:
1. By July 8, 2016, Defendants shall provide copies of NectarLux’s exhibits to Plaintiff.
2. By July 13, 2016, the parties shall file either a stipulation concerning the authenticity of
documents, or a statement of Plaintiff’s non-communication with Plaintiff’s counsel
regarding the stipulation.
3. By July 13, 2016, Plaintiff’s counsel shall file a motion to withdraw as counsel.
4. By July 13, 2016, the parties shall file either a stipulation of dismissal with prejudice of
Plaintiff’s account stated claim, or a status report of Plaintiff’s position on dismissal.
MOTIONS TO STRIKE: For the reasons stated on the record, the Court made the following
rulings on the parties’ motions to strike:
1. Plaintiff’s motion to strike the expert report of Scott Evans is DENIED.
2. Defendants’ motion to strike the expert report of Bonnie Goldsmith is DENIED AS
MOOT.

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IT IS SO ORDERED.

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Dated: July 7, 2016
______________________________________
LUCY H. KOH
United States District Judge

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Case No. 14-CV-03656-LHK
PRETRIAL CONFERENCE ORDER