Case 4:20-cv-05640-YGR Document 485 Filed 04/26/21 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`Case No. 4:20-cv-05640-YGR
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`PRETRIAL ORDER NO. 5
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`Dkt. Nos. 475, 476
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`EPIC GAMES, INC.,
`Plaintiff,
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`vs.
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`APPLE INC.,
`Defendant.
`APPLE INC.,
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`Counterclaimant,
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`v.
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`EPIC GAMES, INC.,
` Counter-Defendant.
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`TO ALL PARTIES AND COUNSEL OF RECORD:
`The Court issues this Pretrial Order regarding trial logistics.
`1. Media and Special Access. The Court has received responses to Pretrial Order No. 4
`from (1) The Reporters Committee for Freedom of the Press and 18 Media Organizations (“Media
`Coalition”) (Dkt. No. 475); and (2) counsel for class plaintiffs in the related actions, In re Apple
`iPhone Antitrust Litigation, 4:11-cv-06714-YGR, and Donald R. Cameron, et. al., v. Apple Inc.,
`4:19-cv-03074-YGR. (Dkt. No. 476)1 Based on a review of the responses, the Court HEREBY
`ORDERS as follows:
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`1 The Court notes that there was an error in Pretrial Order No. 4 regarding class plaintiffs’
`counsel (2:17-18). The sentence there is AMENDED to read: “Similarly, the attorneys for the Class
`Plaintiffs shall meet and confer amongst themselves to determine the manner in which the
`attorneys shall be selected and shall provide the Court with its proposed protocol by Friday, April
`23, 2021.”
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`Case 4:20-cv-05640-YGR Document 485 Filed 04/26/21 Page 2 of 4
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`Media Access: The Court ADOPTS the Media’s Coalitions proposal as follows: on or
`before noon PDT on the Friday before a trial week, the Media Coalition SHALL file with the
`Court—and provide via email to the Court’s Media Liaison, Nicholas Jackson—a pool schedule
`indicating which of the two reporters listed in the response (Dkt. No. 475) will provide pool
`coverage for each day of the trial. Any necessary changes to the pool schedule for a given day
`SHALL be communicated to the Court via Chambers email and to Mr. Jackson at least 48 hours in
`advance. So long as these names and changes are timely conveyed, these selected reporters are
`AUTHORIZED to enter the Ronald V. Dellums Federal Building & United States Courthouse and
`the specific courtroom (Courtroom 1) in accordance with the pool schedule provided to Court.2
`Daily pool reports SHALL be made electronically available to all journalists and/or news
`organizations who request them by the end of each trial day. Any journalist and/or news
`organization who wishes to receive daily pool reports may contact counsel for the Media Coalition
`at ktownsend@rcfp.org to facilitate that access.
`Special Access: The Court ADOPTS counsel for class plaintiffs’ proposal as follows: on or
`before noon PDT on the Friday before a trial week, counsel for class plaintiffs SHALL file with
`the Court a schedule indicating which specific individual attorney will attend each day of the trial.
`The Court ADOPTS the proposed schedule as follows:
` Week 1: M-W: developer counsel; Th-F: consumer counsel;
` Week 2: M-W: consumer counsel; Th-F: developer counsel;
` Week 3: M-W: developer counsel; Th-F: consumer counsel; and
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`2 Each designated pool reporter SHALL have a press credential and/or other photo
`identification that can be checked against the pool schedule when they arrive at the courthouse.
`Members of the news media who serve as pool reporters SHALL also comply with the Court’s
`health and safety protocols while in the courthouse, including by wearing a protective face
`covering. Members of the news media who serve as pool reporters SHALL further comply with the
`Court’s General Order 58 which permits the text functions (and only the text functions) of
`electronic devices (such as typing documents, emailing, text messaging, and tweeting) to be used
`in a non-disruptive manner in the courtroom while proceedings are in session. See General Order
`No. 58, Regulating Possession and Use of Electronic Devices in the Courthouse, available at
`https://www.cand.uscourts.gov/filelibrary/144/GO- 58_Eff_9-15-2015.pdf (Oct. 20, 2005, as
`amended, Sept. 15, 2015). Outlets do exist in the courtroom’s public gallery which designated
`pool reporters may use. However, they may want to bring an extension cord to make access
`easier.
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`Case 4:20-cv-05640-YGR Document 485 Filed 04/26/21 Page 3 of 4
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` Week 4 (if trial is ongoing): split evenly between consumer and developer counsel.
`Any necessary changes to the schedule for a given day SHALL be communicated to the
`Court via Chambers email at least 48 hours in advance. So long as these names and changes are
`timely conveyed, these selected attorneys are AUTHORIZED to enter the Ronald V. Dellums
`Federal Building & United States Courthouse and the specific courtroom (Courtroom 1) in
`accordance with the schedule provided to Court.
`Other Access: Other remaining counsel for class plaintiffs and members of the news media
`not serving as the designated pool reporters on a given trial day may listen to livestreamed audio
`of the trial on the designated telephone line provided by the Court. See Pretrial Order No. 4 (Dkt.
`No. 468).3 As stated in Pretrial Order No. 4, to access this telephone line, requests from
`remaining counsel and the media should be submitted through the following online form by
`Thursday, April 29, 2021: https://www.surveymonkey.com/r/Epic-Apple.
`2. Public Access. As discussed in Pretrial Order No. 4, the telephone number for general
`public access will be publicized on the Court’s website at either
`https://www.cand.uscourts.gov/judges/gonzalez-rogers-yvonne-ygr/ or
`https://cand.uscourts.gov/epic-games-inc-v-apple-inc/. Such telephone numbers along with the
`access codes shall be posted on these websites on or before Friday, April 30, 2021.
`The general public, including members of the media and attorneys for class plaintiffs in the
`related actions, may access a box account containing exhibits and demonstratives used that day of
`trial at the following link: http://tinyurl.com/epicvapple. Such link shall also be posted to the
`Court’s websites above on or before Friday, April 30, 2021. The parties are ORDERED to comply
`with the requirements of Pretrial Order No. 4 in uploading documents to this box account.
`3. Public Health Considerations. The Court has contemplated the parties’ request to
`have the examining attorneys and the testifying witnesses forgo a mask during the trial. Having
`balanced considerations relating to the ongoing coronavirus pandemic, to the health and safety of
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`3 The Court’s staff SHALL automatically mute those who dial-in to that designated
`telephone line in order to minimize background noise.
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`Case 4:20-cv-05640-YGR Document 485 Filed 04/26/21 Page 4 of 4
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`the public and Court staff, and to evaluating the credibility of the witnesses in this action, the
`Court reaffirms its prior order that the questioning attorneys MUST wear masks. Credibility is not
`at issue for these attorneys. With respect to the witnesses, as described and discussed before, the
`Court will provide transparent masks for the witnesses. The parties may, however, at their
`choosing, substitute full face shields to be used by testifying witnesses in lieu of the transparent
`face mask.
`IT IS SO ORDERED.
`Dated: April 26, 2021
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`YVONNE GONZALEZ ROGERS
`UNITED STATES DISTRICT JUDGE
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