Case 4:20-cv-05640-YGR Document 116 Filed 10/06/20 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`EPIC GAMES, INC.,
`Plaintiff,
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`v.
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`APPLE INC.,
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`Defendant.
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`Case No. 4:20-cv-05640-YGR
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`CASE SCHEDULING AND PRETRIAL ORDER
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`Re: Dkt. No. 105
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`TO ALL PARTIES AND COUNSEL OF RECORD:
`The Court hereby sets a bench trial date in this action including related pretrial deadlines.
`These dates have been set considering myriad factors, including: the parties’ submissions; the
`efficiencies achieved by discovery having been conducted in the related matters, In re Apple
`iPhone Antitrust, 4:11-cv-06714-YGR (N.D. Cal.), and Donald R. Cameron, et. al. v. Apple Inc.,
`4:19-cv-03074-YGR (N.D. Cal.) (collectively, the “Related Matters”); the parties’ decision to
`request a bench trial; and the Court’s anticipated jury trial schedule in the summer of 2021 given
`the backlog created by the ongoing coronavirus (COVID-19) pandemic.
`Accordingly, for the foregoing reasons, the Court HEREBY SETS the following trial and
`pretrial dates:
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`NON-EXPERT DISCOVERY CUTOFF:
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`SCHEDULE
`February 15, 2021
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`DISCLOSURE OF EXPERT REPORTS:
`ALL EXPERTS, RETAINED AND NON-RETAINED
`MUST PROVIDE WRITTEN REPORTS COMPLIANT
`WITH FRCP 26(A)(2)(B):
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`Opening: February 15, 2021
`Rebuttal: March 15, 2021
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`Northern District of California
`United States District Court
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`Case 4:20-cv-05640-YGR Document 116 Filed 10/06/20 Page 2 of 3
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`EXPERT DISCOVERY CUTOFF:
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`March 31, 20211
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`DISPOSITIVE MOTIONS2 / DAUBERT MOTIONS To
`BE HEARD BY:
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`None to be filed without conference
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`COMPLIANCE HEARING (SEE BELOW)
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`April 2, 2021 at 9:00 a.m.
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`JOINT PRETRIAL CONFERENCE STATEMENT:
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`April 9, 2021
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`PRETRIAL CONFERENCE:
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`TRIAL DATE AND LENGTH:
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`Wednesday, April 21, 2021 at 9:00 a.m.
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`Monday, May 3, 2021 at 8:30 a.m.
`(Bench Trial)
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`Pursuant to the Court’s Pretrial Instructions in Civil Cases at Section 2, trial counsel shall
`meet and confer in advance of the Pretrial Conference. The Compliance Hearing is intended to
`confirm that counsel have reviewed the Court’s Pretrial Setting Instructions and are in compliance
`therewith. Five (5) business days prior to the date of the compliance hearing, the parties shall file
`a one-page JOINT STATEMENT confirming they have complied with this requirement or
`explaining their failure to comply. If compliance is complete, the parties need not appear and the
`compliance hearing will be taken off calendar. Failure to do so may result in sanctions.
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`The parties must comply with both the Court’s Standing Order in Civil Cases and Standing
`Order for Pretrial Instructions in Civil Cases for additional deadlines and procedures. All
`Standing Orders are available on the Court’s website at http://www.cand.uscourts.gov/ygrorders.
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`The Court will determine closer to the trial date whether the bench trial will be conducted
`in person or virtually or some combination thereof. Production of exhibits to the Court will be
`impacted depending on the resolution of this issue.
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`In preparation for the case management conference scheduled for October 19, 2020, the
`parties should meet and confer and formulate recommendations to streamline trial issues and
`briefing, including whether briefing on certain legal issues should be staged in advance of the trial.
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`1 To the extent that the parties need to supplement exhibits already filed with the Court in
`compliance with the Court’s standing orders, the parties should work cooperatively to do so.
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`2 See Standing Order regarding Pre-filing Conference Requirements for motions for
`summary judgment.
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`Northern District of California
`United States District Court
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`Case 4:20-cv-05640-YGR Document 116 Filed 10/06/20 Page 3 of 3
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`In addition, the Court is interested in the potential overlap with the Related Matters. Accordingly,
`the parties are instructed to meet and confer with counsel in the Related Matters as well. A case
`management conference is scheduled in each of those actions at the same time.
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`By October 15, 2020, the parties shall jointly file one proposed agenda to inform the
`combined case management conference, even if it includes matters unique to a particular action.
`IT IS SO ORDERED.
`Dated: October 6, 2020
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`______________________________________
`YVONNE GONZALEZ ROGERS
`UNITED STATES DISTRICT JUDGE
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