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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
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`Case No. 3:18-CV-2864-CAB-BLM
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`SCHEDULING ORDER
`REGULATING DISCOVERY AND
`OTHER PRETRIAL
`PROCEEDINGS
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`BELL NORTHERN RESEARCH,
`LLC,
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`Plaintiff,
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`v.
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`LG ELECTRONICS INC., LG
`ELECTRONICS U.S.A., INC., and
`LG ELECTRONICS MOBILE
`RESEARCH U.S.A., LLC,
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`Defendants.
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`On January 21, 2020, District Judge Cathy A. Bencivengo issued an Order
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`governing claim construction, after which the parties contacted chambers in
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`compliance with this Court’s May 29, 2019 Case Management Order (Dkt. No. 38).
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`On January 30, 2010, the parties submitted a proposed scheduling order, as requested
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`by District Judge Bencivengo during the hearing on claim construction. Accordingly,
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`the Court sets the remaining pretrial dates and deadlines as follows:
`1. Counsel shall refer to Judge Bencivengo’s Chambers Rules for Civil
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`Cases, which is accessible via the Court’s website at www.casd.uscourts.gov.
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`2. All fact discovery shall be completed by all parties on or before April 17,
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`2020. “Completed” means that all discovery under Rules 30-36 of the Federal Rules
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`of Civil Procedure, and discovery subpoenas under Rule 45, must be initiated a
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`sufficient period of time in advance of the cut-off date, so that it may be completed by
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`the cut-off date, taking into account the times for service, notice, and response as set
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`forth in the Federal Rules of Civil Procedure.
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`Counsel shall promptly and in good faith meet and confer with regard to all
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`discovery disputes in compliance with Federal Rule of Civil Procedure 37(a)(1) and
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`Bell Northern Research, LLC, Exhibit 2006, Page 1 of 8
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`Case 3:18-cv-02864-CAB-BLM Document 103 Filed 02/05/20 PageID.3921 Page 2 of 8
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`Civil Local Rule 26.1(a). All discovery motions must be filed within 30 days of the
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`service of an objection, answer or response which becomes the subject of dispute or
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`the passage of a discovery due date without response or production, and only after
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`counsel have met and conferred and have reached impasse with regard to the particular
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`issue. The Court’s procedures for resolving discovery disputes are set forth in
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`Magistrate Judge Barbara L. Major’s Civil Chambers Rules, which are posted on the
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`Court’s website. A failure to comply in this regard will result in a waiver of a
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`party's discovery issue. Absent an order of the court, no stipulation continuing
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`or altering this requirement will be recognized by the court.
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`3. Plaintiff(s) (or the party(ies) having the burden of proof on any claim) shall
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`serve on all parties a list of experts whom that party expects to call at trial on or before
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`April 17, 2020. Defendant(s) (or the party(ies) defending any claim, counterclaim,
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`crossclaim, or third-party claim) shall serve on all parties a list of experts whom that
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`party expects to call at trial on or before April 17, 2020. On or before May 8, 2020,
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`any party may supplement its designation in response to any other party’s designation,
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`so long as that party has not previously retained an expert to testify on that subject.
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`Expert designations shall include the name, address, and telephone number of each
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`expert, and a reasonable summary of the testimony the expert is expected to provide.
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`The list shall also include the normal rates the expert charges for deposition and trial
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`testimony.
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`The parties must identify any person who may be used at trial to present
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`evidence pursuant to Rules 702, 703 or 705 of the Federal Rules of Evidence. This
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`requirement is not limited to retained experts.
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`Please be advised that failure to comply with this section or any other
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`discovery order of the Court may result in the sanctions provided for in Fed. R.
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`Civ. P. 37, including a prohibition on the introduction of experts or other
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`designated matters in evidence.
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`4. All expert disclosures required by Fed. R. Civ. P. 26(a)(2) shall be served
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`Bell Northern Research, LLC, Exhibit 2006, Page 2 of 8
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`Case 3:18-cv-02864-CAB-BLM Document 103 Filed 02/05/20 PageID.3922 Page 3 of 8
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`on all parties on or before May 22, 2020. Any contradictory or rebuttal disclosures
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`within the meaning of Rule 26(a)(2)(D)(ii) shall be disclosed on or before July 2,
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`2020. Unless otherwise stipulated by the parties, the required expert disclosures shall
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`include an expert report as required by Rule 26(a)(2)(B). If a written report is not
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`required, the disclosure must provide the information required under Rule 26(a)(2)(c).
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`5. All expert discovery shall be completed by all parties on or before July
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`31, 2020 and shall be completed in the same manner as described in paragraph one (1)
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`governing the completion of fact discovery.
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`6. All other dispositive motions, including those addressing Daubert issues,
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`shall be FILED on or before August 28, 2020. Oppositions to such motions shall be
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`FILED on or before September 17, 2020. Replies in support of such motions shall be
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`FILED on or before September 25, 2020. The Honorable Cathy A. Bencivengo,
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`United States District Court Judge, may set a hearing to address the dispositive and
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`Daubert submissions by subsequent order. Motions in Limine are to be filed on or
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`before November 16, 2020 and responses to Motions in Limine shall be filed on or
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`before November 23, 2020.
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`7. Briefs in support of or opposition to motions for summary judgment of a
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`claim or defense, or adjudication of an issue, may not exceed a total of 50 pages,
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`whether filed individually or as one motion. Reply briefs may not exceed a total of 25
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`pages. Motions to exclude or strike expert opinions, and oppositions thereto, may not
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`exceed a total of 25 pages. Reply briefs may not exceed a total of 10 pages.
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`8. The parties shall contact Magistrate Judge Major’s chambers no later than
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`February 14, 2020 to schedule a date for a Mandatory Settlement Conference. All
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`discussions at the Mandatory Settlement Conference will be informal, off the record,
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`privileged, and confidential. Counsel for any non-English speaking party is
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`responsible for arranging for the appearance of an interpreter at the conference.
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`a. Personal Appearance of Parties Required: All parties, adjusters for
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`insured defendants, and other representatives of a party having full and complete
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`Bell Northern Research, LLC, Exhibit 2006, Page 3 of 8
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`Case 3:18-cv-02864-CAB-BLM Document 103 Filed 02/05/20 PageID.3923 Page 4 of 8
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`authority to enter into a binding settlement, as well as the principal attorneys
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`responsible for the litigation, must be present in person and legally and factually
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`prepared to discuss settlement of the case. Counsel appearing without their clients
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`(whether or not counsel has been given settlement authority) will be cause for
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`immediate imposition of sanctions and may also result in the immediate termination
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`of the conference.
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`Unless there is good cause, persons required to attend the conference pursuant
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`to this Order shall not be excused from personal attendance. Requests for excuse from
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`attendance for good cause shall be made in writing at least three (3) court days prior
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`to the conference. Failure to appear in person at the Mandatory Settlement Conference
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`will be grounds for sanctions.
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`b. Full Settlement Authority Required: In addition to counsel who will try
`the case, a party or party representative with full settlement authority must be present
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`for the conference. In the case of a corporate entity, an authorized representative of
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`the corporation who is not retained outside counsel must be present and must have
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`discretionary authority to commit the company to pay an amount up to the amount of
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`Plaintiff's prayer (excluding punitive damages prayers). The purpose of this
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`requirement is to have representatives present who can settle the case during the course
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`of the conference without consulting a superior. Counsel for a government entity may
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`be excused from this requirement so long as the government attorney who attends the
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`Mandatory Settlement Conference (1) has primary responsibility for handling the case,
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`and (2) may negotiate settlement offers which the attorney is willing to recommend to
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`the government official having ultimate settlement authority.
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`c. Confidential Settlement Statements Required: No later than seven (7)
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`calendar days before the Mandatory Settlement Conference, the parties shall
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`submit directly to Magistrate Judge Major's chambers (via hand delivery or email
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`address) confidential settlement statements no more than ten (10) pages in length.
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`These confidential statements shall not be filed or served on opposing counsel.
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`Bell Northern Research, LLC, Exhibit 2006, Page 4 of 8
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`Case 3:18-cv-02864-CAB-BLM Document 103 Filed 02/05/20 PageID.3924 Page 5 of 8
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`Each party's confidential statement must set forth the party’s statement of the case,
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`identify controlling legal issues, concisely set out issues of liability and damages, and
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`shall set forth the party’s settlement position, including any previous settlement
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`negotiations, mediation sessions, or mediation efforts, the last offer or demand made
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`by that party, and a separate statement of the offer or demand the party is prepared to
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`make at the settlement conference. If a specific demand or offer for settlement cannot
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`be made at the time the brief is submitted, then the reasons therefore must be stated
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`along with a statement as to when the party will be in a position to state a demand or
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`make an offer.
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`General statements that a party will "negotiate in good faith" is not a specific
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`demand or offer contemplated by this Order. It is assumed that all parties will
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`negotiate in good faith.
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`d. Requests to Continue a Mandatory Settlement Conference: Any
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`request to continue the Mandatory Settlement Conference or request for relief from
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`any of the provisions or requirements of this Order must be sought by a joint motion,
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`or—if the motion is opposed—a written ex parte application filed by the party
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`seeking the continuance in compliance with Chambers rules. The application must (1)
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`be supported by a declaration of counsel setting forth the reasons and justifications for
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`the relief requested, (2) confirm compliance with Civil Local Rule 83.3(g), and (3)
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`report the position of opposing counsel or any unrepresented parties subject to the
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`Order. Absent good cause, requests for continuances will not be considered unless
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`submitted in writing no fewer than (7) days prior to the scheduled conference.
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`If the case is settled in its entirety before the scheduled date of the
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`conference, counsel and any unrepresented parties must still appear in person,
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`unless a written joint notice confirming the complete settlement of the case is filed
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`no fewer than twenty-four (24) hours before the scheduled conference.
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`9. Pursuant to Local Civil Rule 16.3, all party representatives and claims
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`adjusters for insured defendants with full and unlimited authority to negotiate and enter
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`Bell Northern Research, LLC, Exhibit 2006, Page 5 of 8
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`Case 3:18-cv-02864-CAB-BLM Document 103 Filed 02/05/20 PageID.3925 Page 6 of 8
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`into a binding settlement, as well as the principal attorney(s) responsible for the
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`litigation, must be present and legally and factually prepared to discuss and resolve the
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`case at the mandatory settlement conference. Retained outside corporate counsel shall
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`not appear on behalf of a corporation as the party who has the authority to negotiate
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`and enter into a settlement. Failure to attend the conference or obtain proper excuse
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`will be considered grounds for sanctions.
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`10. In order to identify the claims to be tried and eliminate delay and surprise
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`at trial, the Court enters the following pretrial order pursuant to Fed. R. Civ. P. 16.
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`11. Parties are excused from the requirement of Local Rule 16.1(f)(2)(a); no
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`Memoranda of Law or Contentions of Fact are to be filed.
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`12. All parties or their counsel shall fully comply with the Pretrial Disclosure
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`requirements of Fed. R. Civ. P. 26(a)(3) on or before November 2, 2020. Failure to
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`comply with these disclosures requirements could result in evidence preclusion or
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`other sanctions under Fed. R. Civ. P. 37.
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`13. Pursuant to Local Civil Rule 16.1(f)(4), on or before November 9, 2020,
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`the parties shall meet and confer to comply with the provisions of that section and
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`prepare a proposed pretrial order in accordance with Local Rule 16.1(f)(6)(c), and
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`containing the following:
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`a. A joint neutral statement to be read to the jury, not in excess of one page,
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`of the nature of the case and the claims and defenses.
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`b. A list of the causes of action to be tried, referenced to the Complaint [and
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`Counterclaim if applicable]. For each cause of action, the order shall succinctly list
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`the elements of the claim, damages and any defenses. A cause of action in the
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`Complaint [and/or Counterclaim] which is not listed shall be dismissed with prejudice.
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`c. A list, in alphabetical order, of:
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`i.
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`Each witness counsel actually expect to call at trial with a brief
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`statement, not exceeding four sentences, of the substance of the
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`witnesses’ testimony.
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`Bell Northern Research, LLC, Exhibit 2006, Page 6 of 8
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`Case 3:18-cv-02864-CAB-BLM Document 103 Filed 02/05/20 PageID.3926 Page 7 of 8
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`ii.
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`Each expert witness counsel actually expect to call at trial with a
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`brief statement, not exceeding four sentences, of the substance of
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`the expert witnesses’ testimony.
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`iii. Additional witnesses, including experts, counsel do not expect to
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`call at this time but reserve the right to call at trial along with a brief
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`statement, not exceeding four sentences, of the substance of the
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`witnesses’ testimony.
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`d. A list of:
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`i.
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`All exhibits that counsel actually expect to offer at trial with a one-
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`sentence description of the exhibit. All exhibits are to be identified
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`numerically, plaintiff starting with “1” and defendant beginning
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`with an agreed upon numerical designation.
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`ii.
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`All other exhibits that counsel do not expect to offer at this time but
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`reserve the right to offer if necessary at trial with a one- sentence
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`description of the exhibit.
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`e. A statement of all facts to which the parties stipulate. This statement shall
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`be on a separate page and will be read to and provided to the jury.
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`f. A list of all deposition transcripts by page and line, or videotape
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`depositions by section, that will be offered at trial.
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`g. Counsel will note any objections they have to any other parties’ Fed. R.
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`Civ. P. 26 (a)(3) Pretrial Disclosures.
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`The Court encourages the parties to consult with the assigned Magistrate Judge
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`to work out any problems in preparation of the proposed pretrial order. District Judge
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`Bencivengo will entertain any questions concerning the conduct of the trial at the
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`pretrial conference.
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`14. Counsel for plaintiff will be responsible for preparing the pretrial order and
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`arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f)(6)(a). On or
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`before November 16, 2020, plaintiff’s counsel must provide opposing counsel with
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`Bell Northern Research, LLC, Exhibit 2006, Page 7 of 8
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`Case 3:18-cv-02864-CAB-BLM Document 103 Filed 02/05/20 PageID.3927 Page 8 of 8
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`the proposed pretrial order for review and approval. Opposing counsel must
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`communicate promptly with plaintiff’s attorney concerning any objections to form or
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`content of the pretrial order, and both parties should attempt promptly to resolve their
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`differences, if any, concerning the order.
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`15. The proposed final pretrial conference order, including objections counsel
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`have to any other party’s Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared,
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`served and lodged with District Judge Bencivengo’s chambers on or before
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`November 23, 2020, and shall be in the form prescribed in and in compliance with
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`Local Rule 16.1(f)(6)(c). Counsel shall also bring a court copy of the pretrial order to
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`the pretrial conference.
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`16. The final pretrial conference shall be held before the Honorable Cathy A.
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`Bencivengo, United States District Court Judge, on November 30, 2020 at 9:00 a.m.
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`or at a date and time of the Court’s convenience, during which time the Court will
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`address the submission of motions in limine, trial briefs, proposed voir dire and jury
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`instructions and the trial schedule.
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`17. Trial is set to begin on December 14, 2020 at 8:45 a.m.
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`18. The dates and times set forth herein will not be modified except for good
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`cause shown.
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`19. Plaintiff’s counsel shall serve a copy of this order on all parties that enter
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`in this case hereafter.
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`It is SO ORDERED.
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`Dated: February 5, 2020
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`Bell Northern Research, LLC, Exhibit 2006, Page 8 of 8
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