`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`FINJAN LLC,
`
`Plaintiff,
`
`v.
`
`)
`)
`)
`)
`)
`) C.A. No. 20-371-LPS
`)
`)
`TRUSTW A VE HOLDINGS, INC., and
`SINGAPORE TELECOMMUNICATIONS )
`LIMITED,
`)
`)
`)
`
`Defendants.
`
`2Li-r-'
`
`[PltOP6~FD) SCHEDULING ORDER
`
`This_ day of June, 2021 , the Court having ordered that the parties submit a
`
`scheduling order for the claims and defenses of plaintiffFinjan LLC and defendant
`
`Trustwave Holdings, Inc., and those parties having determined after discussion that the
`
`matter cannot be resolved at this juncture by settlement, voluntary mediation, or binding
`
`arbitration;
`
`IT IS HEREBY ORDERED that the following schedule shall apply as to the
`
`claims and defenses ofFinjan and Trustwave, and that any further proceedings regarding
`
`defendant Singapore Telecommunications Ltd. shall be the subject of a separate
`
`scheduling order:
`
`1.
`
`Rule 26(a)(l) Initial Disclosures and E-Discovery Default Standard.
`
`Unless otherwise agreed to by the parties, the parties shall make their initial disclosures
`
`pursuant to Federal Rule of Civil Procedure 26(a)(l) within ten (10) days of the date of
`
`this Order. If they have not already done so, the parties are to review the Court's Default
`
`Standard for Discovery, Including Discovery of Electronically Stored Information
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 2 of 17 PageID #: 2888
`
`("ESI") (which is posted at http://www.ded.uscourts.gov ; see Other Resources, Default
`
`Standards for Discovery, and is incorporated herein by reference).
`
`2.
`
`Joinder of Other Parties and Amendment of Pleadings. All motions to join
`
`other parties, and to amend or supplement the pleadings, shall be filed on or before
`
`January 19, 2022.
`
`3.
`
`Application to Court for Protective Order. Should counsel find it will be
`
`necessary to apply to the Court for a protective order specifying terms and conditions for
`
`the disclosure of confidential information, counsel should confer and attempt to reach an
`
`agreement on a proposed form of order and submit it to the Court within thirty (30) days
`
`from the date of this Order. Should counsel be unable to reach an agreement on a
`
`proposed form of order, counsel must follow the provisions of Paragraph 8(g) below.
`
`Any proposed protective order must include the following paragraph:
`
`Other Proceedings. By entering this order and
`limiting the disclosure of information in this case,
`the Court does not intend to preclude another court
`from finding that information may be relevant and
`subject to disclosure in another case. Any person or
`party subject to this order who becomes subject to a
`motion to disclose another party's information
`designated "confidential" [the parties should list any
`other level of designation, such as "highly
`confidential," which may be provided for in the
`protective order] pursuant to this order shall
`promptly notify that party of the motion so that the
`party may have an opportunity to appear and be
`heard on whether that information should be
`disclosed.
`
`4.
`
`Papers Filed Under Seal. In accordance with section G of the
`
`Administrative Procedures Governing Filing and Service by Electronic Means, a redacted
`
`version of any sealed document shall be filed electronically within seven (7) days of the
`
`2
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 3 of 17 PageID #: 2889
`
`filing of the sealed document. Should any party intend to request to seal or redact all or
`
`any portion of a transcript of a court proceeding (including a teleconference), such party
`
`should expressly note that intent at the start of the court proceeding. Should the party
`
`subsequently choose to make a request for sealing or redaction, it must, promptly after
`
`the completion of the transcript, file with the Court a motion for sealing/redaction, and
`
`include as attachments (1) a copy of the complete transcript highlighted so the Court can
`
`easily identify and read the text proposed to be sealed/redacted, and (2) a copy of the
`
`proposed redacted/sealed transcript. With their request, the party seeking redactions must
`
`demonstrate why there is good cause for the redactions and why disclosure of the
`
`redacted material would work a clearly defined and serious injury to the party seeking
`
`redaction.
`
`5.
`
`Courtesy Copies. Other than with respect to "discovery matters," which
`
`are governed by paragraph 8(g), and the final pretrial order, which is governed by
`
`paragraph 20, the parties shall provide to the Court two (2) courtesy copies of all briefs
`
`and one ( 1) courtesy copy of any other document filed in support of any briefs (i.e.,
`
`appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers
`
`filed under seal.
`
`6.
`
`ADR Process. This matter is referred to a magistrate judge to explore the
`
`possibility of alternative dispute resolution.
`
`7.
`
`Disclosures. Absent agreement among the parties, and approval of the
`
`Court:
`
`a.
`
`By July 21 , 2021 , Plaintiff shall identify the accused product(s),
`
`including accused methods and systems, and its damages model, as well as the asserted
`
`3
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 4 of 17 PageID #: 2890
`
`patent(s) that the accused product(s) allegedly infringe(s). Plaintiff shall also produce the
`
`file history for each asserted patent.
`
`b.
`
`By August 27, 2021, Defendant shall produce core technical
`
`documents related to the accused product(s), sufficient to show how the accused
`
`product(s) work(s including but not limited to non-publicly available operation manuals,
`
`product literature, schematics, and specifications. Defendant shall also produce sales
`
`figures for the accused product(s).
`
`c.
`
`By September 15, 2021, Plaintiff shall produce an initial claim
`
`chart relating each known accused product to the asserted claims each such product
`
`allegedly infringes.
`
`d.
`
`By October 20, 2021, Defendant shall produce its initial invalidity
`
`contentions for each asserted claim, as well as the known related invalidating references.
`
`e.
`
`By July 14, 2022, Plaintiff shall provide final infringement
`
`contentions.
`
`contentions.
`
`f.
`
`By August 25, 2022, Defendant shall provide final invalidity
`
`8.
`
`Discovery. Unless otherwise ordered by the Court, the limitations on
`
`discovery set forth in Local Rule 26.1 shall be strictly observed.
`
`a.
`
`Discovery Cut Off. All discovery in this case shall be initiated so
`
`that it will be completed on or before September 1 2022.
`
`b.
`
`Document Production. Document production shall be substantially
`
`complete by April 21 , 2022.
`
`c.
`
`Requests for Admission. A maximum of 200 requests for
`
`4
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 5 of 17 PageID #: 2891
`
`admission are permitted for each side.
`
`d.
`
`Interrogatories.
`
`1.
`
`A maximum of 25 interrogatories, including contention
`
`interrogatories, are permitted for each side.
`
`11.
`
`The Court encourages the parties to serve and respond to
`
`contention interrogatories early in the case. In the absence
`
`of agreement among the parties, contention interrogatories,
`
`if filed, shall first be addressed by the party with the burden
`
`of proof. The adequacy of all interrogatory answers shall be
`
`judged by the level of detail each party provides; i.e., the
`
`more detail a party provides, the more detail a party shall
`
`receive.
`
`e.
`
`Depositions.
`
`1.
`
`Limitation on Hours for Deposition Discovery. Each side is
`
`limited to a total of 40 hours of taking testimony by
`
`deposition upon oral examination.
`
`11.
`
`Location of Depositions. Any party or representative
`
`( officer, director, or managing agent) of a party filing a
`
`civil action in this district court must ordinarily be required,
`
`upon request, to submit to a deposition at a place
`
`designated within this district. Exceptions to this general
`
`rule may be made by order of the Court. A defendant who
`
`becomes a counterclaimant, cross-claimant, or third-party
`
`5
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 6 of 17 PageID #: 2892
`
`plaintiff shall be considered as having filed an action in this
`
`Court for the purpose of this provision.
`
`f.
`
`Disclosure of Expert Testimony.
`
`1.
`
`Expert Reports. For the party who has the initial burden of
`
`proof on the subject matter, the initial Federal Rule
`
`26(a)(2) disclosure of expert testimony is due on or before
`
`September 29, 2022. The supplemental disclosure to
`
`contradict or rebut evidence on the same matter identified
`
`by another party is due on or before October 20, 2022.
`
`Reply expert reports from the party with the initial burden
`
`of proof are due on or before November 10, 2022. No
`
`other expert reports will be permitted without either the
`
`consent of all parties or leave of the Court. Along with the
`
`submissions of the expert reports, the parties shall advise
`
`of the dates and times of their experts' availability for
`
`deposition. All expert discovery shall be completed by
`
`December 1, 2022.
`
`n.
`
`Expert Report Supplementation. The parties agree they
`
`will not permit expert declarations to be filed in
`
`connection with motions briefing (including case(cid:173)
`
`dispositive motions).
`
`m.
`
`Objections to Expert Testimony. To the extent any
`
`objection to expert testimony is made pursuant to the
`
`6
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 7 of 17 PageID #: 2893
`
`principles announced in Daubert v. Merrell Dow Phann.,
`
`Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule
`
`of Evidence 702, it shall be made by motion no later than
`
`the deadline for dispositive motions set forth herein,
`
`unless otherwise ordered by the Court. Briefing on such
`
`motions is subject to the page limits set out in connection
`
`with briefing of case dispositive motions.
`
`g.
`
`· Discovery Matters and Disputes Relating to Protective Orders.
`
`i.
`
`Any discovery motion filed without first complying with
`
`the following procedures will be denied without prejudice
`
`to renew pursuant to these procedures.
`
`ii.
`
`Should counsel find, after good faith efforts - including
`
`verbal communication among Delaware and Lead Counsel
`
`for all parties to the dispute- that they are unable to resolve
`
`a discovery matter or a dispute relating to a protective
`
`order, the parties involved in the discovery matter or
`
`protective order dispute shall submit a joint letter in
`
`substantially the following form:
`
`Dear Judge Stark:
`
`The parties in the above(cid:173)
`referenced matter write to request the
`scheduling of a discovery
`teleconference.
`
`The following attorneys,
`including at least one Delaware
`
`7
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 8 of 17 PageID #: 2894
`
`Counsel and at least one Lead
`Counsel per party, participated in a
`verbal meet-and-confer (in person
`and/or by telephone) on the
`following date(s):
`
`Delaware Counsel: - - - - - -
`
`Lead Counsel: - - - - - -
`
`The disputes requiring judicial
`attention are listed below:
`[provide here a non-argumentative
`list of disputes requiring judicial
`attention]
`
`m.
`
`On a date to be set by separate order, generally not less
`
`than forty-eight ( 48) hours prior to the conference, the party
`
`seeking relief shall file with the Court a letter, not to exceed
`
`three (3) pages, outlining the issues in dispute and its
`
`position on those issues. On a date to be set by separate
`
`order, but generally not less than twenty-four (24) hours
`
`prior to the conference, any party opposing the application
`
`for relief may file a letter, not to exceed three (3) pages,
`
`outlining that party's reasons for its opposition.
`
`iv.
`
`Each party shall submit two (2) courtesy copies of its
`
`discovery letter and any attachments.
`
`v.
`
`Should the Court find further briefing necessary upon
`
`conclusion of the telephone conference, the Court will
`
`order it. Alternatively, the Court may choose to resolve the
`
`dispute prior to the telephone conference and will, in that
`
`8
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 9 of 17 PageID #: 2895
`
`event, cancel the conference.
`
`9.
`
`Motions to Amend.
`
`a.
`
`Any motion to amend (including a motion for leave to amend) a
`
`pleading shall NOT be accompanied by an opening brief but shall, instead, be
`
`accompanied by a letter, not to exceed three (3) pages, describing the basis for the
`
`requested relief, and shall attach the proposed amended pleading as well as a "blackline"
`
`comparison to the prior pleading.
`
`b. Within seven (7) days after the filing of a motion in compliance
`
`with this Order, any party opposing such a motion shall file a responsive letter, not to
`
`exceed five (5) pages.
`
`c. Within three (3) days thereafter, the moving party may file a reply
`
`letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter
`
`requesting a teleconference to address the motion to amend.
`
`10. Motions to Strike.
`
`a.
`
`Any motion to strike any pleading or other document shall NOT be
`
`accompanied by an opening brief but shall, instead, be accompanied by a letter, not to
`
`exceed three (3) pages, describing the basis for the requested relief, and shall attach the
`
`document to be stricken.
`
`b.
`
`Within seven (7) days after the filing of a motion in compliance
`
`with this Order, any party opposing such a motion shall file a responsive letter, not to
`
`exceed five (5) pages.
`
`c.
`
`Within three (3) days thereafter, the moving party may file a reply
`
`letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter
`
`9
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 10 of 17 PageID #: 2896
`
`requesting a teleconference to address the motion to strike.
`
`11 .
`
`Tutorial Describing the Technology and Matters in Issue. Unless
`
`otherwise ordered by the Court, the parties shall provide the Court, no later than the date
`
`on which Plaintiffs opening claim construction brief is due, a tutorial on the technology
`
`at issue. In that regard, the parties may separately or jointly submit a DVD of not more
`
`than thirty (30) minutes. The tutorial should focus on the technology in issue and should
`
`not be used for argument. The parties may choose to file their tutorial(s) under seal,
`
`subject to any protective order in effect. Each party may comment, in writing (in no more
`
`than five (5) pages) on the opposing party's tutorial. Any such comment shall be filed no
`
`later than the date on which Defendant's answering claim construction brief is due. As to
`
`the format selected, the parties should confirm the Court's technical abilities to access the
`
`information contained in the tutorial (currently best are "mpeg" or "quicktime").
`
`12.
`
`Claim Construction Issue Identification. On November 11 , 2021 , the
`
`parties shall exchange a list of those claim term(s)/phrase(s) that they believe need
`
`construction and their proposed claim construction of those term(s)/phrase(s). This
`
`document will not be filed with the Court. Subsequent to exchanging that list, the parties
`
`will meet and confer to prepare a Joint Claim Construction Chart to be submitted on
`
`December 2, 2021 . The parties' Joint Claim Construction Chart should identify for the
`
`Court the term(s)/phrase(s) of the claim(s) in issue, and should include each party's
`
`proposed construction of the disputed claim language with citation(s) only to the intrinsic
`
`evidence in support of their respective proposed constructions. A copy of the patent(s) in
`
`issue as well as those portions of the intrinsic record relied upon shall be submitted with
`
`this Joint Claim Construction Chart. In this joint submission, the parties shall not provide
`
`10
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 11 of 17 PageID #: 2897
`
`argument.
`
`13.
`
`Claim Construction Briefing. 1 Plaintiff shall serve, but not file, its
`
`opening brief not to exceed 5,000 words, on January 13, 2022. Defendant shall serve, but
`
`not file, its answering brief, not to exceed 7,500 words, on February 3, 2022. Plaintiff
`
`shall serve, but not file, its reply brief, not to exceed 5,000 words, on February 24, 2022.
`
`Defendant shall serve, but not file, its sur-reply brief, not to exceed 2,500 words, on
`
`March 17, 2022. No later than March 24, 2022, the parties shall file a Joint Claim
`
`Construction Brief. The parties shall copy and paste their unfiled briefs into one brief,
`
`with their positions on each claim term in sequential order, in substantially the form
`
`below.
`
`JOINT CLAIM CONSTRUCTION BRIEF
`
`I. Representative Claims
`
`II. Agreed-upon Constructions
`
`III. Disputed Constructions
`
`A. [TERM 1]2
`
`1. Plaintiff's Opening Position
`
`2. Defendant's Answering Position
`
`1 As each brief is written and provided to the opposing party, the individual responsible
`for verifying the word count will represent to the other party that it has so verified and by
`what means. These verifications should not be provided to the Court unless a dispute
`arises about them. Pictures, Figures copied from the patent, and other illustrations do not
`count against the word limit. Plaintiff should include with its opening brief one or more
`representative claims with the disputed terms italicized. Should Defendant want to add
`additional representative claims, Defendant may do so. The representative claims and the
`agreed-upon claim constructions do not count against the word limits.
`
`2 For each term in dispute, there should be a table or the like setting forth the term in
`dispute and the parties' competing constructions. The table does not count against the
`word limits.
`
`11
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 12 of 17 PageID #: 2898
`
`3. Plaintiffs Reply Position
`
`4. Defendant's Sur-Reply Position
`
`B. [TERM2]
`
`1. Plaintiffs Opening Position
`
`2. Defendant's Answering Position
`
`3. Plaintiffs Reply Position
`
`4. Defendant's Sur-Reply Position
`
`Etc. The parties need not include any general summaries of the law relating to
`
`claim construction. If there are any materials that would be submitted in an appendix, the
`
`parties shall submit them in a Joint Appendix.
`
`14.
`
`.
`earmg on
`H
`
`, : oO
`.
`.
`B
`.
`Cl . C
`·1 ,.., c-
`A.
`aim onstruct1on. egmnmg at _ t>..m. on pn _-<_J_ ,
`
`2022, the Court will hear argument on claim construction. The parties shall notify the
`
`Court, by joint letter submission, no later than the date on which Plaintiffs reply claim
`
`construction brief is due: (i) whether they request leave to present testimony at the
`
`hearing; and (ii) the amount of time they are requesting be allocated to them for the
`
`hearing. Provided that the parties comply with all portions of this Scheduling Order, and
`
`any other orders of the Court, the parties should anticipate that the Court will issue its
`
`claim construction order within sixty ( 60) days of the conclusion of the claim
`
`construction hearing. If the Court is unable to meet this goal, it will advise the parties no
`
`later than sixty (60) days after the conclusion of the claim construction hearing.
`
`15.
`
`Interim Status Report. On April 28, 2022, counsel shall submit a joint
`
`letter to the Court with an interim report on the nature of the matters in issue and the
`
`progress of discovery to date. Thereafter, if the Court deems it necessary, it will schedule
`
`12
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 13 of 17 PageID #: 2899
`
`a status conference.
`
`16.
`
`Supplementation. Absent agreement among the parties, and approval of
`
`the Court, no later than June 15, 2022 the parties must finally supplement, inter alia, the
`
`identification of all accused products and of all invalidity references.
`
`17.
`
`Case Dispositive Motions. All case dispositive motions, an opening brief,
`
`and affidavits, if any, in support of the motion shall be served and filed on or before
`
`December 22, 2022. Answering briefs shall be served and filed on or before January 19,
`
`2023. Reply briefs shall be served and filed on or before February 9, 2023.
`
`a.
`
`No early motions without leave. No case dispositive motion under
`
`Rule 56 may be filed more than ten (10) days before the above date without
`
`leave of the Court.
`
`b.
`
`Page limits combined with Daubert motion page limits. Each party
`
`is permitted to file as many case dispositive motions as desired; provided,
`
`however, that each SIDE will be limited to a combined total of 40 pages for
`
`all opening briefs, a combined total of 40 pages for all answering briefs, and a
`
`combined total of 20 pages for all reply briefs regardless of the number of
`
`case dispositive motions that are filed. In the event that a party files, in
`
`addition to a case dispositive motion, a Daubert motion to exclude or preclude
`
`all or any portion of an expert's testimony, the total amount of pages permitted
`
`for all case dispositive and Daubert motions shall be increased to 50 pages for
`
`all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply
`
`briefs for each SIDE. 3
`
`3 1 The parties must work together to ensure that the Court receives no more than a total
`
`13
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 14 of 17 PageID #: 2900
`
`c.
`
`Hearing. The Court will hear argument on all pending case
`-hd, .
`~
`dispositive and Daubert motions o n~ 11.._, 2023, beginning at ~
`
`q_.m. Subject to further order of the Court, each side will be allocated a total of
`
`forty-five ( 45) minutes to present its argument on all pending motions.
`
`18.
`
`Applications by Motion. Except as otherwise specified herein, any
`
`application to the Court shall be by written motion filed with the Clerk. Any non(cid:173)
`
`dispositive motion should contain the statement required by Local Rule 7 .1.1.
`J """e.
`Pretrial Conference. On Mey ~ ' 2023, the Court will hold a pretrial
`
`conference in Court with counsel beginning at \l ::~m. Unless otherwise ordered by the
`
`19.
`
`Court, the parties should assume that filing the pretrial order satisfies the pretrial
`
`disclosure requirement of Federal Rule of Civil Procedure 26(a)(3). The parties shall file
`
`with the Court the joint proposed final pretrial order with the information required by the
`
`form of Revised Final Pretrial Order- Patent, which can be found on the Court's website
`
`(www.ded.uscourts.gov), on or before ~
`
`ay ~3 , 2023. Unless otherwise ordered
`
`by the Court, the parties shall comply with the timeframes set forth in Local Rule
`
`16.3( d)(l)-(3) for the preparation of the joint proposed final pretrial order. The parties
`
`shall provide the Court two (2) courtesy copies of the joint proposed final pretrial order
`
`and all attachments. As noted in the Revised Final Pretrial Order- Patent, the parties shall
`
`include in their joint proposed final pretrial order, among other things:
`
`a.
`
`a request for a specific number of hours for their trial presentations, as
`
`of 250 pages (i.e., 50+ 50+ 25 regarding one side's motions, and 50+ 50+ 25 regarding
`the other side's motions) of briefing on all case dispositive motions and Daubert motions
`that are covered by this scheduling order and any other scheduling order entered in any
`related case that is proceeding on a consolidated or coordinated pretrial schedule.
`
`14
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 15 of 17 PageID #: 2901
`
`well as a requested number of days, based on the assumption that in a typical jury
`
`trial day (in which there is not jury selection, jury instruction, or deliberations), there
`
`will be 5 ½ to 6 ½ hours of trial time, and in a typical bench trial day there will be 6
`
`to 7 hours of trial time;
`
`b.
`
`their position as to whether the Court should allow objections to efforts to
`
`impeach a witness with prior testimony, including objections based on lack of
`
`completeness and/or lack of inconsistency;
`
`c.
`
`their position as to whether the Court should rule at trial on objections to
`
`expert testimony as beyond the scope of prior expert disclosures, taking time from the
`
`parties' trial presentation to argue and decide such objections, or defer ruling on all
`
`such objections unless renewed in writing following trial, subject to the proviso that a
`
`party prevailing on such a post-trial objection will be entitled to have all of its costs
`
`associated with a new trial paid for by the party that elicited the improper expert
`
`testimony at the earlier trial; and
`
`d.
`
`their position as to how to make motions for judgment as a matter of law,
`
`whether it be immediately at the appropriate point during trial or at a subsequent
`
`break, whether the jury should be in or out of the courtroom, and whether such
`
`motions may be supplemented in writing.
`
`20. Motions in Limine. Motions in limine shall not be separately filed. All in
`
`limine requests and responses thereto shall be set forth in the proposed pretrial order.
`
`Each SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by
`
`the Court. The in limine request and any response shall contain the authorities relied
`
`upon; each in limine request may be supported by a maximum of three (3) pages of
`
`15
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 16 of 17 PageID #: 2902
`
`argument and may be opposed by a maximum of three (3) pages of argument, and the
`
`side making the in limine request may add a maximum of one (1) additional page in reply
`
`in support of its request. If more than one party is supporting or opposing an in limine
`
`request, such support or opposition shall be combined in a single three (3) page
`
`submission (and, if the moving party, a single one (1 ) page reply), unless otherwise
`
`ordered by the Court. No separate briefing shall be submitted on in limine requests,
`
`unless otherwise permitted by the Court.
`
`21.
`
`Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is
`
`to be tried to a jury, pursuant to Local Rules 4 7 and 51 the parties should file (i) proposed
`
`voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special
`
`verdict forms three (3) business days before the final pretrial conference. This submission
`
`shall be accompanied by a courtesy copy containing electronic files of these documents,
`
`in WordPerfect or Microsoft Word format, which may be submitted by e-mail to Judge
`
`Stark's staff.
`
`22.
`
`Trial. This matter is scheduled for a 5-day jury trial beginning at 9:30 a.m.
`
`on June Q , 2023, with the subsequent trial days beginning at 9:00 a.m. Until the case is
`
`submitted to the jury for deliberations, the jury will be excused each day at 4:30 p.m. The
`
`trial will be timed, as counsel will be allocated a total number of hours in which to
`
`present their respective cases.
`
`23 .
`
`Judgment on Verdict and Post-Trial Status Report. Within seven (7) days
`
`after a jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a
`
`form of order to enter judgment on the verdict. At the same time, the parties shall submit
`
`a joint status report, indicating among other things how the case should proceed and
`
`16
`
`
`
`Case 1:20-cv-00371-LPS Document 83 Filed 06/21/21 Page 17 of 17 PageID #: 2903
`
`listing any post-trial motions each party intends to file .
`
`24.
`
`Post-Trial Motions. Unless otherwise ordered by the Court, all SIDES are
`
`limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10
`
`pages of reply briefs relating to any post-trial motions filed by that side, no matter how
`
`many such motions are filed.
`
`17
`
`