Case 2:17-cv-04263-JVS-JCG Document 14 Filed 06/15/17 Page 1 of 8 Page ID #:131
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`DOCUMENT SECURITY SYSTEMS, INC.
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`Plaintiff(s),
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` v.
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`CREE, INC.
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`Defendant(s).
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`CASE NO:
`2:17−cv−04263−JVS−JCG
`
`ORDER SETTING RULE 26(f)
`SCHEDULING CONFERENCE
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`Monday, August 21, 2017 at 11:30
`AM
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` This case has been assigned to Judge James V. Selna. If plaintiff has not
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`already served the complaint (or any amendment thereto) on all defendants,
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`plaintiff shall promptly do so and shall file proofs of service within three days
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`thereafter. Defendants also shall timely serve and file their responsive pleadings
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`and file proofs of service within three days thereafter.
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` This matter is set for a scheduling conference on the above date. The
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`conference will be held pursuant to Fed.R.Civ.P., Rule 16(b). The parties are
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`reminded of their obligations under Fed.R.Civ.P., Rule 26(a)(1) to disclose
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`information (without awaiting a discovery request) and under Rule 26(f) to confer
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`///
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`

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`Case 2:17-cv-04263-JVS-JCG Document 14 Filed 06/15/17 Page 2 of 8 Page ID #:132
`on a discovery plan not later than twenty−one (21) days prior to the scheduling
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`conference and to file a Joint Rule 26(f) Report not later than fourteen (14) days
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`after they confer. Failure to comply with the following requirements or to
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`cooperate in the preparation of the Joint Rule 26(f) Report may lead to the
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`timposition of sanctions.
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`Unless there is a likelihood that upon motion by a party the
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`Court would order that any or all discovery is premature, it is advisable for
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`counsel to begin to conduct discovery actively before the Scheduling
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`Conference. At the very least, the parties shall comply fully with the letter
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`and spirit of Rule 26(a) and thereby obtain and produce most of what would
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`be produced in the early stage of discovery.
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`1. Joint Rule 26(f) Report.
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` The Joint Rule 26(f) Report, which shall be filed not later than one
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`week before the scheduling conference, shall be drafted by plaintiff (unless the
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`parties agree otherwise), but shall be submitted and signed jointly. "Jointly"
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`contemplates a single report, regardless of how many separately−represented
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`parties there are. The Joint Rule 26(f) Report shall report on all matters
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`enumerated below, which include those required to be discussed by Rule 26(f)
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`and Local Rule 26:
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` a. Synopsis: a short synopsis (not to exceed two pages) of the main
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` claims, counterclaims, and/or affirmative defenses.
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` b. Legal issues: a brief description of the key legal issues.
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` c. Damages: the realistic range of provable damages.
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`///
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`Case 2:17-cv-04263-JVS-JCG Document 14 Filed 06/15/17 Page 3 of 8 Page ID #:133
` d. Insurance: whether there is insurance coverage, the extent of
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` coverage, and whether there is a reservation of rights.
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` e. Motions: a statement of the likelihood of motions seeking to (i) add
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` other parties or claims or (ii) file amended pleadings or (iii) transfer
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` venue.
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` f. Discovery and experts: pursuant to Rule 26(f), state what, if any,
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` changes in the disclosures under R. 26(a) should be made; the
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` subjects on which discovery may be needed and whether discovery
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` should be conducted in phases or otherwise be limited; what
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` discovery has been conducted thus far; whether applicable
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` limitations should be changed or other limitations imposed; and
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` whether the Court should enter other orders. Please state how many
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` depositions each side will conduct. Also discuss the proposed time
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` of expert witness disclosures under F.R.Civ.P. 26(a)(2).
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` g. Dispositive motions: a description of the issues or claims that any
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` party believes may be determined by motion for summary judgment
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` or motion in limine.
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` h. Settlement and settlement mechanism: a statement of what settlement
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` discussions and/or written communications have occurred (specifically
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` excluding any statement of the terms discussed) and a statement
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` pursuant to the Local Rule 16−14.4 selecting a settlement mechanism
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` under that rule.
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` i. Trial estimate: realistic estimate of the time required for trial and
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` whether trial will be by jury or by court. Each side should specify
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` (by number, not by name) how many witnesses it contemplates
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` calling. If the time estimate for trial given in the Rule 26(f) Joint
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` Report exceeds eight court days, counsel shall be prepared to discuss
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` in detail the estimate.
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`Case 2:17-cv-04263-JVS-JCG Document 14 Filed 06/15/17 Page 4 of 8 Page ID #:134
` j. Timetable: complete of the Presumptive Schedule of Pretrial Dates
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` form attached as Exhibit A to this Order and attach it to the Rule 26(f)
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` report. Submission of a completed Exhibit A is mandatory. The current
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` entries in the "Weeks Before Trial" column merely reflect what the
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` Court believes are appropriate for many, if not most, cases; those entries
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` are not necessarily applicable to this case, and the form is designed to
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` enable counsel to request the Court to set different last dates by which
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` the key requirements must be completed. Each side should write in the
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` month, day and year it requests for each event. E.g., for the expert
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` discovery cut−off it might be "10/7/02" for plaintiff and "10/28/02" for
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` defendant, if they cannot agree. At the conference, the Court will review
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` this form with counsel. Each entry proposing dates shall fall on a
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` Monday, except the trial date which is a Tuesday. In appropriate cases
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` the Court will order different dates after it hears from Counsel. The
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` proposed non−expert and expert discovery cut−off date means: the last
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` day by which all depositions must be completed and responses to all
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` previously−served written discovery must be provided. The proposed
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` cut−off date for motions means: the last date on which motions may
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` be heard, not noticed.
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` k. Other issues: a statement of any other issues affecting the status or
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` management of the case (e.g., unusually complicated technical or
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` technological issues, disputes over protective orders, extraordinarily
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` voluminous document production, non−English speaking witnesses,
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` discovery in foreign jurisdictions, etc.).
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` l. Conflicts: for conflict purposes, corporate parties must identify all
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` subsidiaries, parents and affiliates.
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`///
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`///
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`Case 2:17-cv-04263-JVS-JCG Document 14 Filed 06/15/17 Page 5 of 8 Page ID #:135
` m. Patent cases: propose dates and methodology for claim construction
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` and Markman hearings. The Court requires the parties to file
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` concurrent opening briefs and concurrent reply briefs for the hearing.
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` The Court intends to follow the rule for patent cases which have
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` been adopted by the Northern District of California.
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` n. Magistrates: Do the parties wish to have a Magistrate Judge preside?
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` Under 28 U.S.C. § 636, the parties may consent to have a Magistrate
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` Judge preside over all the proceedings, not just discovery. They may
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` pick any Magistrate Judge (not just the one assigned to this case)
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` from among those Magistrate Judges who accept these designations.
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` (They are identified on the Central District’s website, which also
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` contains the consent form.)
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`The Joint Rule 26(f) Report should set forth the above enumerated information
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`under section headings corresponding to this Order.
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`2. Scheduling Conference.
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` Scheduling Conferences will be held in the Ronald Reagan Building,
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`411 West Fourth Street, Court Room 10C, Santa Ana. Counsel shall comply with
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`the following:
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` a. Participation: The lead trial attorney must attend the Scheduling
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` Conference, unless excused for good cause shown in advance of the
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` Scheduling Conference.
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` b. Continuance: A continuance of the Scheduling Conference will be
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` granted only for good cause.
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`///
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`Case 2:17-cv-04263-JVS-JCG Document 14 Filed 06/15/17 Page 6 of 8 Page ID #:136
`3. Protective Orders.
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` If you seek a protective order, propose it to opposing counsel before
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`the Scheduling Conference, if at all possible. Protective Orders are considered by
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`the Magistrate Judge assigned in this action.
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`4. Notice to be Provided by Counsel.
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` Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s
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`counsel, shall provide this Order to any parties who first appear after the date of
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`this Order and to parties who are known to exist but have not yet entered
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`appearances.
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`5. Disclosures to Clients.
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` Counsel are ordered to deliver to their respective clients a copy of
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`this Order and of the Court’s Scheduling and Case Management Order, which
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`contains the schedule that the Court sets at the Scheduling Conference.
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`6. Court's Website.
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` Copies of this and all other orders of this Court that may become
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`applicable to this case are available on the Central District of California website,
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`at "www.cacd.uscourts.gov," under "Judge’s Procedures and Schedules." Copies
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`of the Local Rules are available on the website.¹
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`¹Local rules may be purchased from the following:
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` Los Angeles Daily Journal West Publishing Co. Metropolitan News
` 915 East First Street 50 West Kellogg Boulevard 210 South Spring Street
` Los Angeles, CA 90012 St. Paul MN 55164−9979 Los Angeles, CA 90012
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`Case 2:17-cv-04263-JVS-JCG Document 14 Filed 06/15/17 Page 7 of 8 Page ID #:137
` The Court thanks the parties and their counsel for their anticipated
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`cooperation in carrying out these requirements.
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`IT IS SO ORDERED.
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`DATED: June 15, 2017
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`James V. Selna
`United States District Judge
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`Copies to: All Counsel of Record
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`Case 2:17-cv-04263-JVS-JCG Document 14 Filed 06/15/17 Page 8 of 8 Page ID #:138
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`EXHIBIT A
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`JUDGE JAMES V. SELNA
`PRESUMPTIVE SCHEDULE OF PRETRIAL DATES
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` Matter
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` Trial date (jury) (court)
` Estimated length: _________ days
` [Court trial:] File Findings of Fact and
` Conclusions of Law and Summaries of
` Direct Testimony
` Final Pretrial Conference; Hearing on
` Motions in Limine; File Agreed Upon
`Set of Jury Instructions and Verdict
`Forms and Joint Statement re Disputed
` Instructions and Verdict Forms; File
` Proposed Voir Dire Qs and Agreed−to
` Statement of Case
` Lodge Pretrial Conf. Order;
` File Memo of Contentions of Fact and
` Law; Exhibit List; Witness List; Status
` Report re Settlement
` Last day for hand−serving Motions in
` Limine
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` Last day for hearing motions
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` Last day for hand−serving motions and
` filing (other than Motions in Limine).
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` Non−expert Discovery cut−off
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` Time
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`8:30 a.m.
`(Tuesdays)
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`11:00 a.m.
`(Mondays)
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`1:30 p.m.
`(Mondays)
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`Weeks
`before
`trial
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` Plaintiff's
` Request
` (Insert
` specific
` date)
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` Defendant's
` Request
` (Insert
` specific
` date)
`
` Court
` Order
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`−1
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`−2
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`−3
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`−6
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`−7
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`−11
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`−15
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`ADDITIONAL MATTERS TO BE DETERMINED AT SCHEDULING CONFERENCE
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`L.R. 16−14 Settlement Choice: (1) CT/USMJ (2) Court Mediation Panel (3) Private ADR
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` Expert discovery cut−off
` Rebuttal Expert Witness Disclosure
` Opening Expert Witness Disclosure [See
` F.R.Civ.P. 26(a)(2)]
` Last day to conduct Settlement
` Conference
` Last day to amend pleadings or add
` parties
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`Revised 4−14−16
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