Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 1 of 16 Page ID #:672
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
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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
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`I. ORDER FOR JURY TRIAL
` SETTING DATES FOR:
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` Discovery Cut−Off:
` November 23, 2018
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` Pre−Trial Conference:
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` June 3, 2019
` at 11:00 AM
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` JURY TRIAL:
` June 18, 2019
` at 08:30 AM
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`II. Order for Preparation
` for JURY TRIAL
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`III. Order Governing Attorney and
` Party Conduct at trial.
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`I.
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`SCHEDULING:
` 1. In General: All motions to join other parties or to amend the
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`pleadings shall be filed and served within sixty (60) days of the date of this order
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`Revised December 5, 2013
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 2 of 16 Page ID #:673
`and noticed for hearing within ninety (90) days hereof. All unserved parties shall
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`be dismissed no later than the date set for the Final Pre−Trial Conference.
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` 2. Motions for Summary Judgment or Partial Summary Judgment:
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`Motions for summary judgment or partial summary judgment shall be heard no
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`later than the last day for hearing motions, as set forth in the accompanying minute
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`order.
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` 3. Motion Index: If any motion or set of motions concurrently
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`noticed involves more than three pleadings, the moving party shall file within
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`three days of filing an index of the moving papers (e.g., notice, memorandum of
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`Points and authorities, declaration) with the names of each pleading and the docket
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`number. Within three days of filing reply papers, the moving party shall file an
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`updated index of all moving papers, all opposition papers, and all reply papers
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`with the name of each pleading and the docket number. Where redacted pleadings
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`have been filed, the index should refer to the undredacted version.
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` 4. Discovery Cut−Off: The Court has established a cut−off date for
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`discovery in this action. All discovery is to be completed on, or prior to, the cut−
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`off date. Accordingly, the following discovery schedule shall apply to this case:
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` A. Depositions: All depositions shall be scheduled to
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`commence at least five (5) working days prior to the discovery cut−off date. All
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`original depositions to be used in trial shall be lodged with the Courtroom deputy
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`on the first day of trial or such earlier date as the Court may order.
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` B. Interrogatories: All interrogatories must be served at least
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`forty−five (45) days prior to the discovery cut−off date. The Court will not approve
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 3 of 16 Page ID #:674
`stipulations between counsel that permit responses to be served after the cut−off
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`date except in extraordinary circumstances.
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` C. Production of Documents, etc.: All requests for production,
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`etc., shall be served at least forty−five (45) days prior to the discovery cut−off date.
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`The Court will not approve stipulations between counsel that permit responses to
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`be served after the cut−off date except in extraordinary circumstances.
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` D. Request for Admissions: All requests for admissions shall
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`be served at least forty−five (45) days prior to the discovery cut−off date. The
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`Court will not approve stipulations between counsel that permit responses to be
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`served after the cut−off date except in extraordinary circumstances.
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` E. Discovery Motions: Any motion respecting the inadequacy
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`of responses to discovery must be filed and served not later than ten (10) days
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`after the discovery cut−off date. Whenever possible, the Court expects counsel to
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`resolve discovery problems among themselves in a courteous, reasonable, and
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`professional manner. Repeated resort to the Court for guidance in discovery is
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`unnecessary and may result in the Court appointing a Special Master at the joint
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`expense of the parties to resolve discovery disputes. The Court expects that
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`counsel will strictly adhere to the Civility and Professional Guidelines adopted by
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`the United States District Court for the Central District of California.
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` F. Disclosure of Expert Testimony: The above discovery cut
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`off date includes expert discovery, unless otherwise ordered by Court, and the
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`Court orders the sequence of disclosures provided by Fed. R. Civ. Proc.
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`26(a)(2)(C), unless the parties otherwise stipulate in writing and obtain the Court’s
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`approval.
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`Revised December 5, 2013
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 4 of 16 Page ID #:675
`FINAL PRE−TRIAL CONFERENCE:
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` This case has been placed on calendar for a Final Pre−Trial
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`Conference pursuant to Fed. R. Civ. P. 16. Strict compliance with the
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`requirements of the Fed. R. Civ. P. and Local Rules are required by the Court.
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`II.
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`ORDER FOR PREPARATION FOR JURY TRIAL, MOTIONS,
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`INSTRUCTIONS, AND EXHIBITS
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` The Court ORDERS that all counsel comply with the following in
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`their preparation for trial:
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` 1. MOTIONS IN LIMINE:
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` All motions in limine must be filed and served a minimum of four (4)
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`weeks prior to the scheduled pretrial date in accordance with Local Rule 6. Each
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`motion should be separately filed and numbered. All opposition documents must
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`be filed and served at least three (3) weeks prior to the scheduled pretrial date. All
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`reply documents must be filed and served at least two (2) weeks prior to the
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`scheduled pretrial date. Motions in limine should be used to raise legitimate
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`evidentiary issues, and not as veiled motions for summary adjudication.
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` The Court limits the number of in limine motions which a party or
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`group of affiliated parties may file to four, not including (1) any in limine motion
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`which seeks an exclusionary sanction under Rule 37(c)(1) of the Federal Rules of
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 5 of 16 Page ID #:676
`Civil Procedure and (2) any in limine motion which invokes the Court’s power
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`under Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow
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`Pharmaceuticals, 509 U.S. 579, 597 (1993), to exclude or limit expert testimony.
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`Motions made on the latter two grounds shall prominently state the basis for the
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`motion in the title of the motion on the caption page. Any party desiring to tender
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`any other in liminemotions shall file an ex parte application no later than seven
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`days prior to the due date for such motions, attaching the proposed motion and
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`making a showing why it is imperative that the issue be dealt with by a motion in
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`limine.
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` The Court deems the following motions to have been made and
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`granted:
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` • Exclusion of evidence of settlement talks, offers of compromise and
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`similar evidence excludable under Federal Rule of Evidence 408 without an offer
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`of proof first made outside the presence of the jury.
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` • Exclusion of expert opinions not disclosed under Rule 26(a)(2) of
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`the Federal Rule of Civil Procedure or otherwise subjected to examination at the
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`expert’s deposition.
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` All motions in limine will be heard on the scheduled pretrial date,
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`unless the Court otherwise orders.
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` 2. JURY INSTRUCTIONS, VERDICT FORMS, and VOIR:
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`DIRE:
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`Jury Instructions. Thirty days prior to trial, counsel shall meet and
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 6 of 16 Page ID #:677
`confer for the purpose of submitting a single packet of proposed jury instructions
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`and objections. The packet shall contain all instructions desired by any party on
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`all subjects, and shall be organized in the order to be given.
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` • If an instruction is agreed and joint, it shall be so labeled.
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` • If the parties submit alternatives instructions on a topic, they shall
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` be labeled A, B, C etc. (e.g., Party A’s Proposed Instruction No. 2A).
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` Immediately behind the instruction, the party shall provide a
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` statement of law in support of its version and any legal objection to
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` the other party’s proposal.
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` • If only one party submits an instruction on a topic, the party shall
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` provide immediately behind the instruction a statement of law in
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` support of its instruction. If there is any opposition, it shall appear
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` immediately behind the proponent’s statement.
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`The single packet shall be filed no later than seven days prior to the trial. At the
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`same time, the parties shall also submit a WordPefect version to the
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`JVS_Chambers@cacd.uscourts.gov e−mail box. The Court will entertain such
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`additional instructions as may be warranted by the evidence offered at trial.
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` If a proposed instruction is a modification of a pattern instruction,
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`such as a Ninth Circuit Model Instruction or a CACI instruction, the proponent
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`shall also include in the packet a version showing all deletions and additions to
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`the pattern instruction, using bolding, italic, strike outs or similar means.
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` The parties need not submit preliminary instruction to be given at the
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`Revised December 5, 2013
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 7 of 16 Page ID #:678
`outset of trial, but they may submit additional instructions or revisions of the
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`Court’s standard initial instructions. See the Court's website for set of Exemplar
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`Initial Jury Instructions in pdf. at the bottom of the page:
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`http://156.131.20.221/CACD/JudgeReq.nsf/2fb080863c88ab47882567c9007fa070/
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`fd063442150e12a3882579f5006b081e?OpenDocument
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`Proposed Verdict Form. On the first day of trial, plaintiff shall file
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`and serve plaintiff’s verdict form on defendant.
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`Voir Dire. At least four (4) court days prior to trial, each counsel
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`shall file and serve on opposing counsel any special questions requested to be put
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`to prospective jurors on voir dire.
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` 3. TRIAL EXHIBITS
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` Counsel are to prepare their exhibits for presentation at the trial by
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`placing them in binders that are indexed by exhibit number with tabs or dividers
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`on the right side. Counsel shall submit to the Court an original and one copy of
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`the binders. The exhibits shall be in a three−ring binder labeled on the spine
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`portion of the binder showing both the volume number and the exhibit numbers
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`and contain an index of each exhibit included in the volume. Exhibits must be
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`numbered in accordance with Fed. R. Civ. P. 16, 26, and the Local Rules.
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`(Please see alternate instructions at Page 15 if the total number of exhibits,
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`for all parties exceeds 10 volumes.)
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` The Court requires that the following be submitted to the Courtroom
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`Deputy Clerk on the first day of trial:
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` A. The original exhibits with the Court’s exhibit tags shall be
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 8 of 16 Page ID #:679
`stapled to the front of the exhibit on the upper right−hand corner with the case
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`number, case name, and exhibit number placed on each tag.
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` B. One bench book with a copy of each exhibit for use by the
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`Court, tabbed with numbers as described above. (Court’s exhibit tags not
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`necessary.)
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` C. Three (3) copies of exhibit lists, plus an electronic copy in
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`WordPerfect® 6.0 or later generations of WordPerfect®. E−mailing the electronic
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`copy to the Courtroom Deputy is the most convenient to accomplish this.
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` D. Three (3) copies of witness lists.
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` E. A joint statement of the case suitable for reading by the
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`Court to the prospective panel of jurors prior to the commencement of jury
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`selection. Counsel are ordered to confer and agree to a one−page joint statement of
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`the case no later than five (5) days prior to the trial date.
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` All counsel are to meet not later than ten (10) days before trial and to
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`stipulate so far as is possible as to foundation, waiver of the best evidence rule,
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`and to those exhibits which may be received into evidence at the start of trial. The
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`exhibits to be so received will be noted on the extra copies of the exhibit lists.
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`III.
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`ORDER GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL:
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`Opening Statements, Examining Witnesses, and Summation
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` A. Unless otherwise ordered, the trial day will be 9:00 a.m. to noon
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 9 of 16 Page ID #:680
`and 1:30 p.m. to 4:30 p.m. with a 15 minute break during each session.
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` B. At the end of each day, counsel presenting his or her case shall
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`advise opposing counsel of the witnesses anticipated the following day with an
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`estimate of the length of direct examination. Opposing counsel shall provide an
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`estimate of the length of cross–examination. Cooperation of counsel will ensure a
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`smooth flow of witnesses.
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` C. Opening statements, examination of witnesses, and summation
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`will be from the lectern only. Counsel must not consume time by writing out
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`words or drawing charts or diagrams. Counsel may do so in advance and explain
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`that the item was prepared earlier as ordered by the Court to save time.
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` D. In final argument of jury cases, counsel must avoid addressing
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`any juror by name and avoid any appeal to a juror to put himself or herself in the
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`position of a party, such as "What would you take for such pain?" or "What would
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`you expect your son or daughter to do in the same circumstances?"
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` E. In criminal cases, defense counsel should avoid asking their client
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`self−serving questions such as whether the client is married, has children, has a
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`war record or has ever been arrested. Such questions are almost always irrelevant
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`Where such information would be relevant in counsel’s opinion, counsel should
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`obtain permission from the Court prior to making such inquiries.
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` F. Never strike the lectern for emphasis.
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` G. The Court will honor reasonable time estimates for opening and
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`closing addresses to the jury. Please be advised this Court will not require a jury
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 10 of 16 Page ID #:681
`to sit longer than 60 minutes in any one session during counsel’s summation.
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`Objections to Questions:
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` A. Counsel must not use objections for the purpose of making a
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`speech, recapitulating testimony, or attempting to guide the witness.
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` B. When objecting, counsel must rise to state the objection and state
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`only that counsel objects and the legal ground of objection. If counsel wishes to
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`argue an objection further, counsel must ask for permission to do so; the Court
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`may or may not grant a request for conference at sidebar. The Court strongly
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`discourage sidebars because they represent an inefficient use of jury time when
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`matters can be anticipated.
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`General Decorum:
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` A. Please keep the trial low−key. It is not a contest of dramatic ability or
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`an oratorical contest. It is to be a dignified search for the truth.
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` B. Counsel must not approach the Clerk or the witness box without
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`specific permission. When permission is given, please return to the lectern when
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`the purpose of the permission is finished. Counsel must not engage in questioning
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`a witness at the witness stand.
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` C. Please rise when addressing the Court and rise when the jury enters or
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`leaves the courtroom.
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` D. Counsel must address all remarks to the Court. Counsel are not to address
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`the Clerk, the Reporter, persons in the audience, or opposing counsel. If counsel
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 11 of 16 Page ID #:682
`wishes to speak with opposing counsel, counsel must ask permission to talk off the
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`record. Any request for the re−reading of questions or answers shall be addressed to
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`the Court.
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` E. Counsel must not address or refer to witnesses or parties by first names
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`alone. Young witnesses (under 14) may, however, be addressed and referred to
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`by their first name.
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` F. Counsel must not make an offer of stipulation unless counsel has conferred
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`with opposing counsel and has reason to believe the stipulation will be acceptable.
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` G. While Court is in session, counsel must not leave counsel table to
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`confer with any personnel or witnesses in the back of the courtroom unless
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`permission has been granted in advance.
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` H. Counsel should not by facial expression, nodding or other conduct
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`exhibit any opinion, adverse or favorable, concerning any testimony being
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`given by a witness. Counsel should admonish counsel's own client(s) and
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`witnesses to avoid such conduct.
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` I. Where a party has more than one lawyer, only one may conduct the
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`direct or cross−examination of a given witness.
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`Promptness of Counsel and Witnesses:
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` A. The Court makes every effort to commence proceedings at the time
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`set. Promptness is expected from counsel and witnesses. It is counsel’s duty of the
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`first day of trial to advise the Court on the first day of any commitments that may
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`result in counsel’s absence or late arrival.
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 12 of 16 Page ID #:683
` B. If a witness is on the stand when a recess is taken, it is counsel’s duty
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`to have the witness back on the stand, ready to proceed, when the court session
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`resumes.
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` (1) If a witness was on the stand at adjournment, it is counsel’s
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`duty to have the witness adjacent to, but not on, the stand, ready to proceed
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`when the court session resumes.
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` (2) It is counsel’s duty to notify the courtroom deputy clerk in
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`advance if any witness should be accommodated by use of the witness stand’s
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`automated platform which lowers and raises to accommodate witnesses who are
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`unable to otherwise take the witness stand.
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` C. No presenting party may be without witnesses. If counsel has no
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`more witnesses to call and there is more than a brief delay, the Court may deem
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`that the party has rested.
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` D. The Court attempts to cooperate with physicians, scientists, and
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`all other professional witnesses and will, except in extraordinary circumstances,
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`accommodate them by permitting them to be put on out of sequence. Counsel
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`must anticipate any such possibility and discuss it with opposing counsel. If there
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`is objection, confer with the Court in advance.
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`Exhibits:
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` A. Each counsel should keep counsel’s own list of exhibits and
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`should keep track when each has been admitted in evidence.
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` B. Each counsel is responsible for any exhibits that counsel secures
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`Case 2:17-cv-04263-JVS-JCG Document 39 Filed 11/06/17 Page 13 of 16 Page ID #:684
`from the Clerk and, during all recesses and noontime and afternoon adjournments,
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`counsel must return all exhibits in counsel’s possession to the Clerk.
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` C. An exhibit not previously marked should, at the time of its first
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`mention, be accompanied by a request that the Clerk mark it for identification. To
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`save time, counsel must show a new exhibit to opposing counsel before it is
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`mentioned in Court.
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` D. Whenever in counsel’s opinion a particular exhibit is admissible,
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`it should be offered unless tactical considerations dictate otherwise. The motion
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`to admit will be dealt with at the next available recess if there is objection. No
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`exhibit shall be read or displayed to the jury until admitted.
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` E. When referring to an exhibit, counsel should refer to its exhibit
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`number whenever possible. Witnesses should be instructed to do the same.
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` F. The Court resists taking time to pass an exhibit among the jury
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`for viewing when it is admitted. A request to do so should be made to the Court in
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`a recess period preceding introduction of the exhibit.
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` G. Absent unusual circumstances, counsel must not ask witnesses to
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`draw charts or diagrams nor ask the Court’s permission for a witness to do so. If
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`counsel wishes to question a witness in connection with graphic aids, the material
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`must be fully prepared before the court session starts.
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` H. Exhibit Binders.
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` 1. Where the volume of exhibits is less than ten binders, Counsel
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`are to prepare exhibits for trial by placing them in three ring binders that are
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`indexed by exhibit number with tabs or dividers on the right side and indicating on
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`the spine of the binder the exhibit numbers contained and the volume number. The
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`exhibits must be numbered in accordance with Fed. R. Civ. P. 16, 26 and the Local
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`Rules. Counsel shall have the original set (with the exhibit tags affixed to the
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`upper or lower right hand corner) and a bench copy on the exhibits, three (3)
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`copies of the exhibit list and three (3) copies of the witness list to the Courtroom
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`Deputy Clerk on the first day of trial.
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` 2. Where the volume of exhibits is greater than ten binders Counsel
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`are to prepare one (1) full set of the exhibits in three ring binders that are indexed
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`by exhibit number with tabs or dividers on the right side and indicating on the
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`spine of the binder the exhibit numbers contained and the volume number. Each
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`exhibit shall have an exhibit tag placed in the upper or lower right hand corner of
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`the first page of the exhibit. (These are the exhibits that will go to the jury during
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`deliberations). With regard to exhibits for the Judge and witnesses, there should
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`be a book for each witness that contains only the exhibits needed for that specific
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`witness with dividers on the right side. This book should be presented to the
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`witness when the witness is called. A copy of this book should be provided to the
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`Judge at the time the witness is called. The Court requires counsel to submit the
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`full set of exhibits, three (3) copies of the exhibit list and three (3) copies of the
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`witness list to the Courtroom Deputy Clerk on the first day of trial.
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`Depositions:
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` A. All depositions that will be used in the trial, either as evidence or
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`for impeachment, must be signed and lodged with the Courtroom Deputy on the
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`first day of trial or such earlier date as the Court may order. For any deposition in
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`which counsel is interested, counsel should check with the clerk to confirm that
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`the clerk has the transcript and that the transcript is properly signed.
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` B. In using depositions of an adverse party for impeachment,
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`counsel shall first announce the page and line reference of the passage desired to
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`be read, and allow opposing counsel an opportunity to state any objection.
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`Counsel shall use either of the following procedures:
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`alleged impeachment and ask the witness no further questions on that subject,
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`counsel may merely read the relevant portions of the deposition into the record.
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`the subject matter, the deposition is placed in front of the witness and the witness
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`is told to read silently the pages and lines involved. Then counsel may either ask
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`the witness further questions on the matter and thereafter read the quotations or
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`read the quotations and thereafter ask further questions. Counsel should have an
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`extra copy of the deposition for this purpose.
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` C. Where a witness is absent and the witness’ testimony is offered
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`by deposition, please observe the following procedure. A reader should occupy
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`the witness chair and read the testimony of the witness while the examining lawyer
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`asks the questions.
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`Using Numerous Answers to Interrogatories and Requests for Admissions:
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` Whenever counsel expects to offer answers to interrogatories or
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`requests for admissions, the desired discovery shall be read to the jury. Any
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`objections shall be resolved in advance.
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`Advance Notice of Evidentiary or Difficult Questions:
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` If counsel has reason to anticipate that a difficult question of law or
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`evidence will raise legal argument, requiring research and/or briefing, counsel
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`must give the Court advance notice. Counsel are directed to notify the Clerk at the
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`day’s adjournment if an unexpected legal issue arises that could not have been
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`foreseen and addressed by a motion in limine (see Fed. R. Evid. 103). To the
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`maximum extent possible such matters shall be taken outside normal jury hours
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`(e.g., recess, before or after the trial day).
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`Juror Questionnaires:
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` The Court discourages the use of juror questionnaires except in
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`complex cases or cases involving juror privacy issues. If a party intends to
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`propose a questionnaire, the party shall meet and confer with all parties with the
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`goal of arriving at a joint questionnaire. Any proposed questionnaire shall be
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`submitted to the Court not later than thirty days prior to trial. The particulars for
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`administering a questionnaire will be discussed at the pretrial conference.
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` The Clerk is ordered to serve a copy of this Order on counsel/parties
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`IV.
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`in this action.
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`IT IS SO ORDERED.
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`DATED: November 6, 2017
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`COPIES TO:
`COUNSEL OF RECORD
`PRO SE PARTIES
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`James V. Selna
`United States District Judge
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