`
`1 2 3 4 5 6 7 8 9 1
`
`0
`
`UNILOC 2017 LLC
`
`Plaintiff(s),
`
` v.
`
`NETSUITE, INC.
`
`Defendant(s).
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`Case No.: 8:19−cv−01151−JLS−DFM
`
`ORDER SETTING SCHEDULING
`CONFERENCE FOR NOVEMBER
`1, 2019 AT 10:30 AM,
`COURTROOM 10-A
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
` Judge Staton’s Procedures web page is incorporated in this Order.
`
` The parties and counsel are ORDERED to review and comply with those
`
`procedures and notices, which may be accessed at:
`
` http://www.cacd.uscourts.gov/honorable-josephine-l-staton
`
` This case has been assigned to Judge Josephine L. Staton. If plaintiff has
`
`not already served the complaint (or any amendment thereto) on all defendants,
`
`plaintiff shall promptly do so and shall file proofs of service within three (3) days
`
`thereafter. Defendants also shall timely serve and file their responsive pleadings
`
`and file proofs of service within three days thereafter.
`
`www.cacd.uscourts.gov
`
` 1
`
`jls_chambers@cacd.uscourts.gov
`
`
`
`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 2 of 7 Page ID #:234
` This case is set for a scheduling conference under Federal Rule of Civil
`
`1 2 3 4 5 6 7 8 9 1
`
`Procedure 16(b) on the date and time stated in the caption of this Order, in
`
`Courtroom 10A of the Ronald Reagan Federal Building and United States
`
`Courthouse, 411 West Fourth Street, Santa Ana, California. Unless excused for
`
`good cause shown in advance of scheduling conference, lead counsel shall appear
`
`at the scheduling conference at all pretrial hearings fully informed concerning
`
`the facts of the case. If the Court determines that a Scheduling Order can be issued
`
`based on the Joint Rule 26(f) Report, the scheduling conference will be vacated.
`
`0
`
`Attached to this Order, as Exhibit A, are the Court’s presumptive dates.
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Parties wishing to deviate from this schedule shall provide the Court with reasons
`
`for each suggested change. A Joint Rule 26(f) Report that is filed without a
`
`fully completed Exhibit A will be rejected by the Court and may subject the
`
`parties to sanctions.
`
` Effective January 1, 2018, the Court adopted a procedure in civil cases that
`
`defers setting a trial date and an exhibit conference date until the parties appear for
`
`the Final Pretrial Conference. The parties are expected to address these issues at
`
`the Final Pretrial Conference; therefore, the parties are directed to confer before the
`
`Final Pretrial Conference to identify mutually agreeable trial date(s) within the 90
`
`days following the Final Pretrial Conference. Where the Court’s trial calendar
`
`permits, the Court will set the trial for a date agreed upon by the parties.
`
`1. Joint Rule 26(f) Report
`
` As provided in Fed. R. Civ. P. 26(f), the parties shall meet at least 21 days
`
`before the scheduling conference and file a Joint 26(f) Report (“Report”) no later
`
`than 14 days before the date set for the scheduling conference. The Report shall
`
`be drafted by plaintiff (unless the parties agree otherwise), but shall be submitted
`
`www.cacd.uscourts.gov
`
` 2
`
`jls_chambers@cacd.uscourts.gov
`
`
`
`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 3 of 7 Page ID #:235
`and signed jointly. “Jointly” contemplates a single report, regardless of how many
`
`1 2 3 4 5 6 7 8 9 1
`
`separately represented parties there are.
`
` The Report shall discuss the issues described below. Counsel are to ensure
`
`that their discussions of these issues fully address the topics identified by Federal
`
`Rule of Civil Procedure 26(f)(3)(A)-(F) and Local Rule 26-1(a)-(f).
`
`a. Statement of the case: a short synopsis (not to exceed two
`
`pages) of the main claims, counterclaims, and affirmative defenses.
`
`b. Legal issues: a brief description of the key legal issues,
`
`including any unusual substantive, procedural, or evidentiary issues.
`
`0
`
`c. Damages: the realistic range of provable damages.
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`d. Insurance: whether there is insurance coverage, the extent of
`
`coverage, and whether there is a reservation of rights.
`
`e. Motions: statement of the likelihood of motions seeking to add
`
`other parties or claims (see Local Rule 26-1(e)), file amended pleadings, to dismiss
`
`for lack of jurisdiction, or to transfer venue.
`
`f. Complexity: a discussion regarding the complexity of the case,
`
`and whether all or part of the procedures of the Manual for Complex Litigation
`
`should be utilized. See Local Rule 26-1(a).
`
`g. Status of Discovery: a report regarding the current status of
`
`discovery, including whether initial disclosures have been made and a summary
`
`of any completed discovery.
`
`h. Discovery Plan: The parties must set forth a detailed discovery
`
`plan that discusses all the Federal Rule of Civil Procedure 26(f)(3)(A)-(F) topics,
`
`including topics related to initial discloses, the anticipated subjects of discovery,
`
`the time needed for discovery, issues related to electronically stored information
`
`(“ESI”), issues related to privileged materials, whether changes to limitations on
`
`discovery should be made, issues related to protective orders, and any other Rule
`
`16(b) or 16(c) issues. The parties must propose a discovery cutoff date for the
`
`www.cacd.uscourts.gov
`
` 3
`
`jls_chambers@cacd.uscourts.gov
`
`
`
`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 4 of 7 Page ID #:236
`completion of fact discovery.
`
`1 2 3 4 5 6 7 8 9 1
`
`i. Expert Discovery: The parties shall discuss the timing of expert
`
`disclosures and discovery. See Fed. R. Civ. P. 26(a)(2); Local Rule 26-1(f).
`
`j. Dispositive motions: The parties shall set forth a description
`
`of the issues or claims that any party believes may be determined by motion for
`
`summary judgment or partial summary judgment. See Local Rule 26-1(b).
`
`k. Alternative Dispute Resolution (“ADR”) Procedure Selection:
`
`The parties must select either ADR Procedure No. 2 (Court Mediation Panel) or
`
`ADR Procedure No. 3 (private mediation); ADR Procedure No. 1 (conference with
`
`0
`
`the magistrate judge) may not be selected by the parties. See generally General
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Order 11-10, § 5.1; Local Rule 26-1(c). For more information about the Court’s
`
`ADR Program, please visit the “ADR” section of the Court website,
`
`http://www.cacd.uscourts.gov.
`
`l. Settlement Efforts: Without disclosing the substance of the
`
`communications, the parties shall advise the Court regarding whether they have
`
`discussed settlement or had written communications regarding settlement. The
`
`parties are advised that no case will proceed to trial unless all parties, including
`
`the principals of all corporate parties, have appeared personally at a mediation.
`
`m. Preliminary Trial Estimate: The parties must provide a
`
`realistic estimate of the time required for trial. See Local Rule 26-1(d). The parties’
`
`estimate is for planning purposes only; the Court may allot fewer days for trial.
`
`The parties shall specify whether trial will be by jury or to the Court, and each side
`
`must specify the number of witnesses it expects to call.
`
`n. Trial counsel: the name(s) of the attorney(s) who will try the
`
`case.
`
`o. Independent Expert or Master: the parties must advise the
`
`Court whether this is a case in which a master pursuant to Federal Rule of Civil
`
`Procedure 53 or an independent scientific expert should be appointed. The
`
`www.cacd.uscourts.gov
`
` 4
`
`jls_chambers@cacd.uscourts.gov
`
`
`
`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 5 of 7 Page ID #:237
`appointment of a master may be appropriate if there are likely to be substantial
`
`1 2 3 4 5 6 7 8 9 1
`
`discovery disputes, numerous claims to be construed in connection with a summary
`
`judgment motion, a lengthy Daubert hearing, or resolution of a difficult
`
`computation of damages.
`
`p. Other issues: a statement of any other issues affecting the status
`
`or management of the case (e.g., unusually complicated technical or technological
`
`issues, disputes over protective orders, extraordinarily voluminous document
`
`production, non-English speaking witnesses, discovery in foreign jurisdictions, etc.)
`
`and any proposals concerning severance, bifurcation, or other ordering of proof.
`
`0
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`2. Notice to be Provided by Counsel
`
` Plaintiff’s counsel shall provide this Order to any parties who first appear
`
`after the date of this Order and to parties who are known to exist but have not yet
`
`entered appearances. If plaintiff is appearing pro se, but defendant is represented
`
`by counsel, defendant’s counsel shall provide this notice.
`
`3. Disclosures to Clients
`
` Counsel are ordered to deliver to their respective clients a copy of this Order,
`
`the Court’s trial order, and the Scheduling order.
`
`4. Class Actions
`
` The parties are directed to the portion of Judge Staton’s Procedures web page
`
`(http://www.cacd.uscourts.gov/honorable-josephine-l-staton) regarding class action
`
`scheduling issues. As explained in further detail on the web page, the parties are
`
`directed to discuss class action scheduling issues in their Joint Rule 26(f) Report.
`
`5. Utility Patent Cases
`
`a. Presumptive Schedule and Exhibit B: In patent cases, the Court
`
`www.cacd.uscourts.gov
`
` 5
`
`jls_chambers@cacd.uscourts.gov
`
`
`
`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 6 of 7 Page ID #:238
`intends generally to follow the Northern District of California Patent Local Rules.
`
`1 2 3 4 5 6 7 8 9 1
`
`However, the Court’s presumptive schedule differs from that set forth in the
`
`Northern District Rules and, where it does, the Court’s presumptive schedule
`
`controls. In patent cases, counsel should review, prepare, and attach the Court’s
`
`Joint Rule 26(f) Report utility patent-specific Exhibit B (in lieu of the Exhibit A).
`
`Exhibit B is available on Judge Staton’s Procedures web page.
`
`b. Technology Tutorial: Because the Court may be unfamiliar with
`
`the technology underlying many litigated patents, the parties should consider the
`
`most efficient and effective manner in which to educate the Court regarding that
`
`0
`
`technology. Counsel must file a joint status report setting forth their proposal(s) no
`
`later than 60 days in advance of the claim construction hearing. If the Court deems
`
`it appropriate, the Court will schedule an in-Court technology tutorial or make other
`
`appropriate orders. Counsel are strongly encouraged to present any educational
`
`materials in a manner that is free of advocacy and unencumbered by each side’s
`
`respective litigation position(s).
`
` The Court thanks the parties and their counsel for their anticipated cooperation
`
`in complying with the requirements set forth in this Order.
`
` IT IS SO ORDERED.
`
`Dated: September 16, 2019
`
`Revised: October 1, 2018
`
`JOSEPHINE L. STATON
`United States District Judge
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`www.cacd.uscourts.gov
`
` 6
`
`jls_chambers@cacd.uscourts.gov
`
`
`
`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 7 of 7 Page ID #:239
`EXHIBIT A
`PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES
`
`CASE NAME:
`CASE NO:
`
`Matter
`
`Deadline
`
`Plaintiff(s)
`Request
`
`Defendant(s)
`Request
`
` Last Day to File Motions to
` Add Parties and Amend
` Pleadings
`
`Scheduling
`Conference Date
`plus 60 Days
`
` Fact Discovery
` Cut-Off
`
` 18 weeks before the
` Final Pretial
`Conference (“FPTC”)
`
` Last Day to Serve Initial
` Expert Reports
`
` 16 weeks before the
`FPTC
`
` Last Day to File Motions
` (except Daubert and all
` other Motions in Limine)
` Last Day to Serve Rebuttal
` Expert Reports
`
` 16 weeks before the
`FPTC
`
` 12 weeks before the
`FPTC
`
` Last Day to Conduct
` Settlement Proceedings
`
` 9 weeks before the
`FPTC
`
` Expert Discovery Cut-Off
`
` Last Day to File Daubert
` Motions
`
` 8 weeks before the
`FPTC
`
`7 weeks before the
` FPTC
`
` Last Day to File Motions
` in Limine (other than
`Daubert Motions)
`
`4 weeks before the
`FPTC
`
` Final Pre-Trial Conference
`(Friday at 10:30 a.m.)
`
`Revised: October 1, 2018
`
`www.cacd.uscourts.gov
`
` 7
`
`jls_chambers@cacd.uscourts.gov
`
`