Case 4:20-cv-05640-YGR Document 371 Filed 03/02/21 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`EPIC GAMES, INC.,
`Plaintiff,
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`vs.
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`APPLE INC.,
`Defendant.
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`Case No. 4:20-cv-05640-YGR
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`PRETRIAL ORDER NO. 1
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`TO ALL PARTIES AND COUNSEL OF RECORD:
`On Monday, March 1, 2021, the Court held a regularly-scheduled pretrial conference.
`Considering the parties’ case management statement, arguments of counsel, the prior
`communications to the Court, and good cause appearing, the Court issues the orders set forth
`below. Certain logistical changes have been made given the Court’s further reflection:
`1. The bench trial in this matter scheduled for Monday, May 3, 2021 is confirmed. Given
`the ongoing COVID-19 pandemic, the precise format of the bench trial remains
`uncertain. At a minimum, the bench trial shall proceed by way of Zoom platform.
`Public access shall be by way of telephone access; video access is not an option for
`evidentiary proceedings including trials.
`That said, the Court is hopeful that it will be able to accommodate a safe, in-person
`bench trial with significant precautions including physical barriers and limiting the
`number of individuals who will be present in the courtroom. Parties shall meet and
`confer regarding any additional protocols that they would like the Court to consider.
`To shorten the number of trial days necessary to complete the bench trial, the Court
`adjusts the trial schedule as follows:
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`Case 4:20-cv-05640-YGR Document 371 Filed 03/02/21 Page 2 of 4
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`8:00 am – 8:15 am – non-evidentiary trial matters, if necessary
`8:15 am – 10:15 am (then a 20-minute break)
`10:35 am - 12:35 pm (then a 40-minute break)
`1:15 pm – 3:15 pm
`In addition, unless otherwise ordered, trial shall proceed Monday through Friday.
`This too will decrease the number of days for those traveling from out-of-town. The
`Court may have some unavoidable conflicts but will give the parties advanced notice.
`2. With respect to the Proposed Findings of Fact and Conclusions of Law due on April 7,
`2021, the following requirements shall be followed:
`a. The parties shall have a caption page with signature and include the document
`as an attachment. The attachment shall be formatted in Word without pleading
`lines and a courtesy copy shall be sent to the Court. Each paragraph and page
`shall be numbered. A table of contents for some organizing chart would be
`appreciated.
`b. With respect to the proposed Findings of Fact, each fact shall include the
`witness or document(s) which will be proffered to establish the finding.
`c. With respect to the proposed Conclusions of Law, each shall be segregated by
`claim. For brevity, the parties should indicate whether a claim rises and falls
`with other claim, and cross reference where appropriate.
`d. Within seven days of the conclusion of the bench trial, the parties shall file a
`redlined version of the proposed Findings of Fact indicating what was actually
`proved and the record references and the corollary Conclusions of Law.
`3. Third-Party Vendor: Under all circumstances, the bench trial will include a Zoom
`component. To facilitate the Zoom-aspect of the bench trial, the parties shall
`investigate the joint use of a third- party trial vendor to manage pretrial preparations of
`witnesses, witness participation, document management, and unlimited telephone
`access. If applicable, the parties may propose a pretrial order to govern the
`management of the third-party trial vendor.
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`Case 4:20-cv-05640-YGR Document 371 Filed 03/02/21 Page 3 of 4
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`4. Standing Order: With respect to the Court’s Standing Order Re: Pretrial Instructions
`in Civil Cases, and in light of the other filings ordered in this case, the parties are
`relieved of the filing requirements in paragraphs 2.a; 2.b.ii; 2.c; 2.d; 2.f-2.h; 3.f-3.i; and
`6.i. The Court will not rule on disputes regarding deposition designations prior to trial.
`5. Exhibits: With respect to the Copies of Exhibits to the Court (¶ 6.h), the parties need
`only send one physical set as directed in advance and shall include an electronic
`version.
`During trial, each party shall deliver to the courtroom deputy, a physical copy of
`exhibits admitted the prior day. Each exhibit shall be in a manila folder which shall be
`labeled. Responsibility for delivering the exhibit shall be with the party who offered
`the exhibit for admission.
`6. Transcripts: If transcripts will be requested during or immediately after the trial,
`arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-
`637-3534) at least three weeks prior to the commencement of the trial.
`7. Witness Lists and Witnesses at Trial: The Court advances the deadline for the filing
`of tentative lists of witnesses.
`Plaintiff shall serve its tentative list of witnesses in the form ordered in the Court’s
`Standing Order ¶ 3.b. by March 12, 2021 and provide defendant with an editable
`version. The document shall identify whether the person will be testifying live or will
`be requesting leave to testify remotely.
`Defendant shall serve (i) its tentative list in the form ordered in the Court’s
`Standing Order ¶ 3.b. by March 16, 2021 and (ii) an annotated version of plaintiff’s
`list showing its estimation of cross-examination. The document shall identify whether
`the person will be testifying live or will be requesting leave to testify remotely.
`Plaintiff shall serve (i) any supplemental list in the form ordered in the Court’s
`Standing Order ¶ 3.b. by March 18, 2021 and provide defendant with an editable
`version and (ii) an annotated version of defendant’s list showing its estimation of cross-
`examination. The document shall identify whether the person will be testifying live or
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`Case 4:20-cv-05640-YGR Document 371 Filed 03/02/21 Page 4 of 4
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`will be requesting leave to testify remotely.
`By March 19, 2021, each party shall file a single list of witnesses which includes
`all the information Court’s Standing Order ¶ 3.b. gathered from the earlier exchanges.
`To the extent that the parties agree a witness should testify remotely, the list should so
`state.
`8. The party presenting evidence shall give the other party 24 hours written notice of the
`witnesses to be called unless otherwise agreed upon by the parties themselves. For
`witnesses on a Monday, written notice shall be provided by the prior Saturday at noon.
`The parties are admonished that use of trial time is critical given the limited resources
`of the Court. All parties must have witnesses ready and available to testify. If the
`party presenting evidence does not have a witness ready to be called once a prior
`witness steps down, that party may be deemed to have rested its case. Further, and as
`explained, time does not stop while waiting for witnesses to arrive in Court. Witnesses
`may be taken out of order upon stipulation or with leave of Court provided that the
`circumstances giving rise to such an accommodation are promptly called to the
`attention of opposing counsel and the Court.
`9. Trial Decorum and Procedure: Counsel, parties, and witnesses are expected to
`conduct themselves at all times – on or off the record – in a professional and courteous
`manner during trial. Do NOT approach other parties’ witnesses without permission.
`You may approach your own non-hostile witnesses without permission
`10. The next pretrial conference shall be Friday, March 26, 2021 at 9:30 a.m. via the
`Zoom platform.
`IT IS SO ORDERED.
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`Dated: March 2, 2021
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`YVONNE GONZALEZ ROGERS
`UNITED STATES DISTRICT JUDGE
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