Case 3:14-cv-02235-DMS-BLM Document 783 Filed 12/20/19 PageID.36160 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`CASE NO. 14cv2235 DMS (BLM)
`ORDER RE: RETRIAL
`
`Plaintiff,
`
`APPLE INC.,
`
`vs.
`WI-LAN, INC.,
`
`Defendant.
`_______________________________
`AND ALL RELATED
`COUNTERCLAIMS.
`
`On December 20, 2019, this matter came on regularly for a pretrial conference.
`After consulting with counsel, and for good cause appearing, IT IS HEREBY
`ORDERED:
`Trial Date. The jury panel will report on January 15, 2020, to complete
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`1.
`the jury questionnaire. Once the questionnaires are complete, they will be provided to
`counsel. The panel will then return for jury selection on January 16, 2020, at 9:00
`a.m., and once the jury is empaneled, the trial will be continued to January 21, 2020,
`at 9:00 a.m.
`Time Limits. To promote the efficient administration of justice, provide
`2.
`for an orderly presentation of the evidence, and accommodate the parties’ time
`estimates and Court’s schedule, the Court orders reasonable time limits of seven (7)
`hours per side. In making these time limits, the Court is familiar with the issues in the
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`Case 3:14-cv-02235-DMS-BLM Document 783 Filed 12/20/19 PageID.36161 Page 2 of 4
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`case and the parties’ estimates for trial. The time limits include opening statements,
`presentation of evidence, side-bar conferences, and closing argument. The time limits
`are subject to revision for good cause shown, but the parties should exercise diligence
`in efficiently presenting the case. The Courtroom Deputy Clerk will provide a summary
`of the time used at the conclusion of each trial day.
`3. Motions In Limine. The parties shall file and serve their motions in
`limine on or before January 2, 2020. Each side shall be limited to five (5) motions, and
`each motion shall be no more than five (5) pages. The parties are admonished,
`however, to meet and confer to try and resolve their disputes before filing motions in
`limine. Oppositions to motions in limine shall be filed on or before January 9, 2020,
`and shall also be no more than five (5) pages. Reply briefs are not necessary and will
`not be accepted for filing. A hearing on the parties’ motions in limine shall be held on
`January 16, 2020, following the conclusion of jury selection.
`Jury Instructions. On or before January 13, 2020, jury instructions must
`4.
`be submitted to the Court in the following format:
`The parties are required jointly to submit one set of agreed upon
`a.
`instructions. To this end, the parties are required to serve their proposed instructions
`upon each other at least ten days before January 13, 2020. The parties then should
`meet, confer, and submit to the Court one complete set of agreed upon instructions. The
`Court prefers to use standard pattern instructions, such as the Ninth Circuit Model Jury
`Instructions, Civil, the Judicial Council of California Civil Jury Instructions, or other
`pattern instructions from other states, if applicable.
`b.
`If the parties cannot agree upon one complete set of instructions,
`they are required to submit one set of instructions to which they have agreed, and two
`sets (one for each party) of supplemental instructions to which they have not agreed.
`c.
`The joint instructions and supplemental instructions must be
`presented to the Court on January 13, 2020, along with any objections to the
`supplemental instructions. All objections shall be in writing, set forth the challenged
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`Case 3:14-cv-02235-DMS-BLM Document 783 Filed 12/20/19 PageID.36162 Page 3 of 4
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`jury instruction in its entirety, identify the objectionable language, and contain citation
`to authority explaining why the instruction is improper. Where applicable, the objecting
`party shall submit an alternative instruction.
`d.
`The parties are required to submit the proposed joint set of
`instructions and proposed supplemental instructions in the following format:
`i.
`Two copies of each instruction should be provided.
`ii.
`The first copy should indicate the number of the proposed
`instruction, the instruction, and the authority supporting the instruction.
`The second copy should contain only the proposed
`iii.
`instructions on plain paper, that is, not on pleading paper. No other marks or writings
`should be present. This copy also should be presented via email in Word or
`WordPerfect format (any version).
`e.
`All instructions should be short, concise, and neutral statements of
`law. Avoid argumentative instructions as they will not be given.
`f.
`Any modification to a standard instruction must be identified by
`specifying the modification to the original instruction and the authority supporting the
`modification.
`Voir Dire. The Court will conduct the initial voir dire of the panel. In
`5.
`addition, the Court will allow each party thirty (30) minutes for attorney voir dire.
`Joint Statement, Witness and Exhibit Lists. On or before January 13,
`6.
`2020, the parties shall submit a final list of witnesses and exhibits and a joint
`description of the case to be read to the jury. The parties shall submit an extra copy of
`the witness and exhibit lists for the court reporter.
`Trial Briefs. On or before January 13, 2020, the parties shall file and
`7.
`serve on each other a trial brief that summarizes their theories of the case and what they
`expect the evidence to show.
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`Electronic Equipment. The parties must notify the Court in writing of
`8.
`any electronic equipment they seek to use during the trial, and contact at least one week
`before trial the Courtroom Deputy Clerk to arrange a time and date to set up any
`electronic equipment.
`IT IS SO ORDERED.
`DATED: December 20, 2019
`
`HON. DANA M. SABRAW
`United States District Judge
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