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`Case 3:21-cv-00812-TWR-JLB Document 281 Filed 05/03/23 PageID.8149 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
` Case No.: 21-CV-812 TWR (JLB)
`
`ORDER (1) GRANTING IN PART
`APPLE’S EX PARTE MOTION TO
`SET PAGE LIMITS FOR SUMMARY
`JUDGMENT AND DAUBERT
`BRIEFING, AND (2) SETTING
`PRETRIAL AND TRIAL DATES
`AND DEADLINES
`
`(ECF Nos. 174, 277)
`
`Defendant.
`
`TACTION TECHNOLOGY, INC.,
`Plaintiff,
`
`v.
`APPLE INC.,
`
`
`
`Presently before the Court is Defendant Apple Inc.’s Ex Parte Application to Set
`Page Limits for Summary Judgment and Daubert Briefing (“Ex Parte Mot.,” ECF No.
`277), in which Apple “requests sixty (60) pages per side for all summary judgment and
`Daubert briefs,” (see id. at 1), as well as Plaintiff Taction Technology, Inc.’s Response
`(“Opp’n,” ECF No. 278) opposing Apple’s request. The Court GRANTS IN PART
`Apple’s Ex Parte Motion as follows:
`All motions for summary judgment and Daubert motions SHALL BE FILED on or
`before May 12, 2023. Each side SHALL FILE one consolidated memorandum not to
`exceed forty-five (45) pages addressing all of their motions for summary judgment and
`Daubert motions.
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`1
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`21-CV-812 TWR (JLB)
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`Case 3:21-cv-00812-TWR-JLB Document 281 Filed 05/03/23 PageID.8150 Page 2 of 5
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`2.
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`All oppositions to motions for summary judgment and Daubert motions SHALL
`BE FILED on or before June 9, 2023. Each side SHALL FILE one consolidated
`opposition memorandum not to exceed forty-five (45) pages.
`All optional replies, if any, MAY BE FILED on or before June 23, 2023. Each side
`MAY FILE one consolidated reply memorandum not to exceed fifteen (15) pages.
`The Court VACATES the Final Pretrial Conference currently scheduled for July 13,
`2023, and instead SETS a hearing on the anticipated motions for summary judgment for
`July 13, 2023, at 1:30 p.m. in Courtroom 3A. The Court also SETS a consolidated Final
`Pretrial Conference and hearing on the Parties’ anticipated Daubert motions for August 17,
`2023, at 1:30 p.m. in Courtroom 3A.
`Accordingly, the Court SETS the following pretrial and trial dates and deadlines:
`
`Event
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`Deadline to file consolidated motions for summary
`judgment and Daubert motions.
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`Deadline to file consolidated oppositions to motions for
`summary judgment and Daubert motions.
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`Deadline to file consolidated replies in support of
`motions for summary judgment and Daubert motions.
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`Hearing on motions for summary judgment.
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`Deadline to:
`File Memoranda of Contentions of Fact and Law
`1.
`and to take any other action required by Civil
`Local Rule 16.1(f)(2), and
`Comply with pre-trial disclosure requirements of
`Federal Rule of Civil Procedure 26(a)(3).
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`Deadline for counsel to meet and take action as
`required by Civil Local Rule 16.1(f)(4).
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`Deadline
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`May 12, 2023
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`June 9, 2023
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`June 23, 2023
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`July 13, 2023
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`July 20, 2023
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`July 27, 2023
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`2
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`Case 3:21-cv-00812-TWR-JLB Document 281 Filed 05/03/23 PageID.8151 Page 3 of 5
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`Deadline for Plaintiff’s counsel to provide Defendant’s
`counsel with the proposed pretrial order for review and
`approval.
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`Deadline to lodge with the Court the Proposed Final
`Pretrial Conference Order, including objections to any
`other party’s Rule 26(a)(3) Pretrial Disclosures.
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`Final Pretrial Conference and hearing on Daubert
`motions.
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`Deadline to file a list of any witnesses who will appear
`by deposition and attach and designate or mark all
`portions of the deposition testimony which will be
`offered at trial.
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`Deadline to file motions in limine.
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`Deadline to file:
`Proposed jury instructions,1
`1.
`2.
`Verdict forms,2
`3.
`Objections to deposition designations and/or
`counter-designations,
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`
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`August 3, 2023
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`August 10, 2023
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`August 17, 2023 at 1:30
`p.m. in Courtroom 3A
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`August 24, 2023
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`August 31, 2023
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`September 7, 2023
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`1 The Parties shall serve their proposed jury instructions on each other with sufficient time to meet, confer,
`and jointly file a complete set of agreed-upon instructions on or before September 7, 2023. If the Parties
`cannot agree upon one complete set of instructions, they shall file both a set of the agreed-upon instructions
`and a supplemental set of instructions that are not agreed upon on or before September 7, 2023. The
`agreed-upon instructions and any supplemental instructions not agreed upon shall state the number of the
`proposed instruction, the instruction itself, and any authority supporting the instruction. If any instructions
`are pattern instructions, the instruction shall cite the source of the instruction. The Parties shall clearly
`indicate any modifications of instructions from statutory authority, Ninth Circuit pattern instructions, or
`CACI pattern instructions and shall include any authority supporting the modification. If the Parties file
`a supplemental set of instructions not agreed upon, the Party opposing the not-agreed-upon instructions
`shall file its objections to the instructions in writing on or before September 7, 2023. Any objection shall
`contain a concise statement of argument concerning the objection, including citations to authority. On or
`before September 7, 2023, the Parties shall email the agreed-upon instructions and any supplemental
`instructions not agreed upon in Word format to efile_robinson@casd.uscourts.gov.
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` The Parties shall jointly file a proposed verdict form on or before September 7, 2023. If the Parties
`cannot agree on a joint proposed verdict form, each Party shall file a separate verdict form along with
`written objections to the other Party’s proposed verdict form on or before September 7, 2023.
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`Case 3:21-cv-00812-TWR-JLB Document 281 Filed 05/03/23 PageID.8152 Page 4 of 5
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`4.
`5.
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`6.
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`7.
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`Proposed voir dire questions,
`Trial briefs summarizing the Parties’ theories of
`the case and what they expect the evidence to
`show,
`Brief and concise joint statement of the case to
`be read to the jury at the outset of trial, and
`All stipulations and agreements.3
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`Deadline to file oppositions to motions in limine.
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`Deadline to:
`Provide exhibits to the Court,4 and
`1.
`2.
`To exchange demonstrative exhibits.5
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`Hearing on motions in limine, jury instructions, and
`verdict form.
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`Jury Trial.
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`September 14, 2023
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`September 21, 2023
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`September 28, 2023 at 1:30
`p.m. in Courtroom 3A
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`October 16, 2023 at 9:00
`a.m. in Courtroom 3A
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`3 Stipulations and agreements must be reduced to writing so they can be read into the record. All facts
`which are not contested must be listed in a form suitable to read to the jury.
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` On or before September 21, 2023, the Parties shall provide the Court with two copies of each exhibit,
`with each set of exhibits in a separate binder with tabs. So long as they are received no later than
`September 21, 2023, these exhibit binders may be mailed or hand-delivered to the Hon. Todd W.
`Robinson, c/o Clerk of the Court, 333 W. Broadway, Suite 420, San Diego, CA 92101. The Parties shall
`maintain the original exhibits.
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`On the first day of trial, each party shall provide the Courtroom Deputy with two copies of its witness and
`exhibit lists in the form specified in Civil Local Rule 16.1(f)(2)(c) and (d). Counsel should waive
`authentication evidence of documents where authentication is not an issue. Voluminous documents or
`exhibits must be culled of unnecessary pages so that only relevant pages, or pages supplying context to
`the relevant pages, are admitted. Counsel should use summaries or charts to prove the content of
`voluminous documents, writings, or recordings that cannot be conveniently examined in court. See Fed.
`R. Evid. 1006.
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` 5
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` On or before September 21, 2023, the Parties shall exchange any demonstrative exhibits that will be used
`during opening statements or during the testimony of any expert witness. Any objections to the
`demonstrative exhibits must be raised at the hearing on motions in limine, jury instructions, and verdict
`form scheduled for September 28, 2023.
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`Case 3:21-cv-00812-TWR-JLB Document 281 Filed 05/03/23 PageID.8153 Page 5 of 5
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`Any requests for modification of these dates and deadlines must be supported by a
`showing of good cause.
`IT IS SO ORDERED.
`Dated: May 3, 2023
`
`
`
`_____________________________
`Honorable Todd W. Robinson
`United States District Judge
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