Case 3:20-cv-06754-WHA Document 686 Filed 05/08/23 Page 1 of 6
`
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
` Sean Pak (Bar No. 219032)
` seanpak@quinnemanuel.com
` Melissa Baily (Bar No. 237649)
` melissabaily@quinnemanuel.com
` James Judah (Bar No. 257112)
` jamesjudah@quinnemanuel.com
` Lindsay Cooper (Bar No. 287125)
` lindsaycooper@quinnemanuel.com
` Iman Lordgooei (Bar No. 251320)
` imanlordgooei@quinnemanuel.com
`50 California Street, 22nd Floor
`San Francisco, California 94111-4788
`Telephone:
`(415) 875-6600
`Facsimile:
`(415) 875-6700
`
` Marc Kaplan (pro hac vice)
` marckaplan@quinnemanuel.com
`191 N. Wacker Drive, Ste 2700
`Chicago, Illinois 60606
`Telephone:
`(312) 705-7400
`Facsimile:
`(312) 705-7401
`
`Attorneys for Google LLC
`
`CLEMENT SETH ROBERTS (STATE
`BAR NO. 209203)
`croberts@orrick.com
`BAS DE BLANK (STATE BAR NO.
`191487)
`basdeblank@orrick.com
`ALYSSA CARIDIS (STATE BAR NO.
`260103)
`acaridis@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE
`LLP
`The Orrick Building
`405 Howard Street
`San Francisco, CA 94105-2669
`Telephone: (415) 773-5700
`Facsimile: (415) 773-5759
`
`SEAN M. SULLIVAN (admitted pro hac
`vice)
`sullivan@ls3ip.com
`COLE RICHTER (admitted pro hac vice)
`richter@ls3ip.com
`LEE SULLIVAN SHEA & SMITH LLP
`656 W Randolph St., Floor 5W
`Chicago, IL 60661
`Telephone:
`(312) 754-0002
`Facsimile:
`(312) 754-0003
`
`Attorneys for Sonos, Inc.
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`SONOS, INC.,
`
`Plaintiff,
`
`vs.
`
`GOOGLE LLC,
`
`Defendant.
`
`Case No. 3:20-cv-06754-WHA
`Consolidated with Case No. 3:21-cv-07559-
`WHA
`
`ORDER ADOPTING STIPULATED
`REQUEST FOR ORDER SETTING
`SCHEDULE FOR WITNESS AND
`EXHIBIT DISCLOSURES AS
`AMENDED
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`Case No. 3:20-cv-06754-WHA
`STIPULATED REQUEST FOR ORDER SETTING SCHEDULE FOR WITNESS AND EXHIBIT DISCLOSURES
`
`

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`Case 3:20-cv-06754-WHA Document 686 Filed 05/08/23 Page 2 of 6
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`Pursuant to Civil Local Rule 7-12, Google LLC (“Google”) and Sonos, Inc. (“Sonos”)
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`(collectively, “Parties”) jointly stipulate and request an order setting a schedule for witness and
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`exhibit disclosures.
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`WHEREAS, the Parties stipulated to a schedule for witness and exhibit disclosures in their
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`Proposed Joint Final Pretrial Order (Dkt. 615 at 10-14);
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`WHEREAS, the Court directed the Parties to “file revised stipulations regarding timely
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`exchanges,” including to accommodate the 5:00 p.m. deadline set by the Court for filing any
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`objections regarding opening statement demonstratives (Dkt. 660 at 9);
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`WHEREAS, the Parties have met and conferred in good faith and agreed, subject to the
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`Court’s approval, that their proposed schedule for witness and exhibit disclosures will facilitate the
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`resolution of disclosure disputes;
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`WHEREAS, the Parties have agreed to forgo the filing of briefs covering lingering disputes
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`related to exchange of witnesses, exhibits, and demonstratives and will address outstanding issues
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`with the Court during the morning’s in limine proceedings;
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`THE PARTIES HEREBY STIPULATE, AGREE, AND REQUEST, that the Court set
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`deadlines for witness and exhibit disclosures as follows:
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`Disclosure
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`Deadline
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`Identification of Witnesses
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`Witnesses
`Each party will provide notice, by email, no
`later than 4:00 p.m. each day, of all witnesses
`intended to be presented live or by deposition
`two calendar days later at trial
`Direct Examination Exhibits
`Identification of Direct Examination Exhibits
`Each party will provide, by email, a list of all
`exhibits expected to be used during direct
`examination no later than 5:00 p.m. one
`calendar day before such intended use
`The receiving party shall provide objections to
`the direct examination exhibits identified by
`the disclosing party by 8:00 p.m. that evening
`The disclosing party may minimally
`supplement its direct exhibits in response to
`the receiving party’s disclosure of cross-
`examination exhibits by 7:00 p.m.
`
`Objections to Direct Examination Exhibits
`
`Supplementation of Direct Examination
`Exhibits
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`Case No. 3:20-cv-06754-WHA
`STIPULATED REQUEST FOR ORDER SETTING SCHEDULE FOR WITNESS AND EXHIBIT DISCLOSURES
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`

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`Case 3:20-cv-06754-WHA Document 686 Filed 05/08/23 Page 3 of 6
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`Meet and Confer Regarding Direct
`Examination Exhibits
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`Objections to Cross Examination Exhibits
`
`Meet and Confer Regarding Cross
`Examination Exhibits
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`Objections to Direct Examination
`Demonstratives
`
`Meet and Confer Regarding Direct
`Examination Demonstratives
`
`The Parties will meet and confer regarding
`objections to direct examination exhibits by
`9:00 p.m. the same evening
`Cross Examination Exhibits
`Identification of Cross Examination Exhibits
`Each party will provide, by email, a list of all
`exhibits expected to be used during cross
`examination (except for those to be used for
`impeachment) no later than 6:00 p.m. one
`calendar day before such intended use
`The receiving party shall provide objections to
`the cross examination exhibits identified by
`the disclosing party by 8:00 p.m. that evening
`The Parties will meet and confer regarding
`objections to cross examination exhibits by
`9:00 p.m. the same evening
`Direct Examination Demonstratives
`Identification of Direct Examination
`By no later than 5:00 p.m. one calendar day
`Demonstratives
`before a witness is called, the disclosing party
`will provide to the receiving party, by email,
`copies of all demonstrative exhibits that the
`disclosing party anticipates using on direct
`examination
`The receiving party will provide objections to
`the direct examination demonstratives
`identified by the disclosing party by 8:00 p.m.
`that evening
`The Parties will meet and confer regarding
`objections to direct examination
`demonstratives by 9:00 p.m. the same evening
`Physical and/or Live Exhibits and Demonstratives
`Availability of Physical and/or Live Exhibits
`The Parties will make available for inspection
`and Demonstratives
`all physical or live exhibits or demonstratives
`that they plan to use during direct examination
`or during opening statements by 7:00 p.m. two
`nights before their intended use by sending
`pictures and then making the physical item
`available for inspection
`The Parties will exchange objections to the
`physical or live exhibits or demonstratives
`identified by the disclosing party by 8:00 p.m.
`one night before their intended use
`The Parties will meet and confer regarding
`objections to physical and/or live exhibits and
`demonstratives by 9:00 p.m. the same evening
`Demonstratives Created in the Courtroom
`Demonstratives Created in the Courtroom
`A party who creates a demonstrative in the
`courtroom must provide the other party with a
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`Meet and Confer Regarding Physical and/or
`Live Exhibits and Demonstratives
`
`Objections to Physical and/or Live Exhibits
`and Demonstratives
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`STIPULATED REQUEST FOR ORDER SETTING SCHEDULE FOR WITNESS AND EXHIBIT DISCLOSURES
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`Case 3:20-cv-06754-WHA Document 686 Filed 05/08/23 Page 4 of 6
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`Objections to Opening Statement Exhibits and
`Demonstratives
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`photograph or other electronic file of the
`demonstrative by 6:00 p.m. the same day
`Opening Statement Exhibits and Demonstratives
`Exchange of Opening Statement Exhibits and
`By no later than 9:00 a.m. on Sunday, May 7,
`Demonstratives
`2023, the Parties will exchange, by email, lists
`of (a) any exhibits that the party intends to
`publish in its opening statement and (b) copies
`of any demonstrative exhibits that the party
`intends to use in its opening statement. If a
`party intends to create a demonstrative during
`the opening statement itself, a mock-up of
`such demonstrative conveying all the details
`and substance of the demonstrative to be
`created during the opening statement must be
`disclosed at the same time as the other opening
`statement demonstratives. Any physical
`demonstratives, including any poster boards,
`must be made available for inspection at the
`same time and photos or electronic images of
`the physical demonstratives must be disclosed
`at the same time along with the other
`demonstratives
`By no later than 12:00 p.m. on Sunday, May 7,
`2023, the Parties will exchange written notice
`of any objections to opening statement
`demonstratives and exhibits
`The Parties will meet and confer regarding
`objections to opening statement exhibits and
`demonstratives by 1:00 p.m. on Sunday, May
`7, 2023
`To the extent the Parties do not agree on
`opening statement exhibits and
`demonstratives, the Parties will file short
`briefs identifying any disputes the Parties
`request the Court address before opening
`statements by 5:00 pm on Sunday, May 7,
`2023
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`Meet and Confer Regarding Opening
`Statement Exhibits and Demonstratives
`
`File Briefs Identifying Disputes Regarding
`Opening Statement Exhibits and
`Demonstratives1
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`IT IS SO STIPULATED.
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`1 Briefs will not exceed four pages each, single spaced.
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`Case 3:20-cv-06754-WHA Document 686 Filed 05/08/23 Page 5 of 6
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`Dated: May 5, 2023
`
`/s/ Sean Pak
`Attorneys for GOOGLE LLC
`
`Respectfully submitted,
`
`/s/ Clement S. Roberts
`Attorneys for SONOS, INC.
`
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`
`ORRICK, HERRINGTON & SUTCLIFFE
`LLP
`
`Counsel for Google LLC
`
`Counsel for Sonos, Inc.
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`ECF ATTESTATION
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`I, Sean Pak, am the ECF User whose ID and password are being used to file this Joint
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`Stipulation. In compliance with Civil Local Rule 5-1, I hereby attest that Clement S. Roberts,
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`counsel for Sonos, has concurred in this filing.
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`Dated: May 5, 2023
`
`By:
`
`/s/ Sean Pak
`Sean Pak
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`Case No. 3:20-cv-06754-WHA
`STIPULATED REQUEST FOR ORDER SETTING SCHEDULE FOR WITNESS AND EXHIBIT DISCLOSURES
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`Case 3:20-cv-06754-WHA Document 686 Filed 05/08/23 Page 6 of 6
`
`Hon. William Alsup
`United States District Judge
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`Case No. 3:20-cv-06754-WHA
`STIPULATED REQUEST FOR ORDER SETTING SCHEDULE FOR WITNESS AND EXHIBIT DISCLOSURES
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`May 8, 2023.
`DATED: ___________________
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`By:
`
`[PROPOSED] ORDER
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`PURSUANT TO STIPULATION, IT IS SO ORDERED.
`If challenges arise, the Court may revert back to the exchange deadlines in the
`standing order and revisit how lingering disputes are briefed.
`
`