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`ACTIVISION BLIZZARD INC.,
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`v.
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`Defendant.
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`Civil Action No. 16-453-WCB
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`REVISED SCHEDULING ORDER
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`Case 1:16-cv-00453-WCB Document 810 Filed 04/12/24 Page 1 of 3 PageID #: 55198
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`ACCELERATION BAY LLC,
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`Plaintiff,
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`This order supplements the previous scheduling order in this case, Dkt. No. 62, and
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`subsequent modifications to that order. This revised scheduling order is being issued because the
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`pretrial conference in this case is scheduled close to the time of trial, and there are several details
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`of trial administration that are best addressed well in advance of trial rather than awaiting the
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`pretrial conference.
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`1. The parties will be jointly responsible for providing lunches to the jurors for each of the
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`five anticipated days of the trial. Of course, it should not be revealed which party has provided
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`the lunches on a particular day.
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`2. The parties will be jointly responsible for providing bottles of water for the jurors. A
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`case of water bottles should be provided at the outset of the trial. The courtroom deputy will
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`inform the parties if additional water is required as the trial progresses.
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`3. As previously indicated, the trial will take no more than five days and will be timed.
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`Each party will be given 11 hours to present its case. In addition, opening statements will be
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`limited to a maximum of 30 minutes, and the time taken for opening statements will be charged
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`Case 1:16-cv-00453-WCB Document 810 Filed 04/12/24 Page 2 of 3 PageID #: 55199
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`against the party’s 11 hours. Closing arguments will be limited to a maximum of one hour and the
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`time taken for closing arguments (and plaintiff’s rebuttal argument) will be charged against the
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`party’s 11 hours. Time consumed dealing with objections will be charged against the objecting
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`party unless I conclude that the responding party is unnecessarily extending the argument on a
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`particular objection. Time consumed with matters outside the presence of the jury will not be
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`charged against either party. My law clerk will keep the time and will inform the parties on
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`request as to the amount of time left for each party.
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`4. Exhibits that have been pre-qualified for admission (i.e., those exhibits as to which the
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`parties have not interposed an objection prior to trial or which I have ruled admissible) may be
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`published to the jury before they are formally moved into evidence and admitted. However, all
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`exhibits that a party wishes to admit at trial must be moved into evidence and formally admitted
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`for the record. This may be done in bulk at the conclusion of the testimony of the witness whose
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`testimony relates to the exhibits at issue.
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`5. As previously states, each trial day will run from 9:00 a.m. to between 5:00 p.m. and
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`5:30 p.m., depending on when a convenient breaking point is reached. The exceptions are the first
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`day of trial, which will begin at 9:30, and the second day of trial, in which we will adjourn at 4:00
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`p.m. because the courtroom will be needed for another proceeding.
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`6. During each trial day, one 10-15 minute break will be held in the morning, a 45-minute
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`break will be held for lunch, and one 10-15 minute break will be held in the afternoon. I will make
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`every effort to be punctual in returning from breaks, and I expect counsel to do the same.
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`7. I will make myself available as early as 8 a.m. each morning to address any matters that
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`need to be resolved before the jury arrives. However, the parties should apprise me by email no
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`later than 9:00 p.m. the preceding evening as to any disputes that need my attention and should set
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`Case 1:16-cv-00453-WCB Document 810 Filed 04/12/24 Page 3 of 3 PageID #: 55200
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`forth their arguments in their email submissions at that time rather than waiting until the following
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`morning to set forth their respective positions. I want to be in a position to rule on any disputes
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`when court convenes that morning, with minimal or no oral argument from the parties rather than
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`hearing about the dispute for the first time at 8:00 that morning.
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`Additional details regarding trial procedures will be discussed at the pretrial conference, to
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`be held by Zoom at 2:00 p.m. Eastern Time on April 25, 2024.
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`IT IS SO ORDERED
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`SIGNED this 12th day of April, 2024.
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`______________________________
`WILLIAM C. BRYSON
`UNITED STATES CIRCUIT JUDGE
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