Case 3:19-cv-02471-WHO Document 35 Filed 09/03/19 Page 1 of 8
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`PALO ALTO NETWORKS, INC.,
`Plaintiff,
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`v.
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`PACKET INTELLIGENCE LLC,
`Defendant.
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`Case No. 19-cv-02471-WHO
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`CIVIL PRETRIAL ORDER
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`A jury trial has been set in this matter for March 29, 2021, beginning at 8:30 A.M. with an
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`attorney conference and jury selection to follow thereafter. A Pretrial Conference has been set for
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`March 5, 2021 at 2:00 P.M.
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`The following scheduling deadlines and hearing dates have been set:
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`Tutorial
`Claim Construction Hearing
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`March 6, 2020 at 10:00 a.m.
`March 9, 2020 at 10:00 a.m.
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`Deadline to amend/add parties:
`Fact discovery cutoff:
`Expert disclosure:
`Expert rebuttal:
`Expert discovery cutoff:
`Dispositive Motions heard by:
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`April 17, 2020
`July 31, 2020
`August 28, 2020
`September 25, 2020
`October 23, 2020
`December 16, 2020
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`1.
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`Pretrial Conference and Statement
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`Not less than 28 days prior to the Pretrial Conference, counsel shall exchange (but not file
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`or lodge) the papers described in Civil L.R. 16-10(b)(7), (8), (9) and (10), and any motions in
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`limine.
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`At least 21 days before the Pretrial Conference, lead trial counsel shall meet and confer
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`with respect to:
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`Northern District of California
`United States District Court
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`Juniper Exhibit 1085
`Juniper Networks, Inc. v. Packet Intelligence LLC
`Page 00001
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`Case 3:19-cv-02471-WHO Document 35 Filed 09/03/19 Page 2 of 8
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`• Preparation and content of the joint pretrial conference statement;
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`• Resolution of any differences between the parties regarding the preparation and
`content of the joint pretrial conference statement and the preparation and exchange
`of pretrial materials to be served and filed pursuant to this Order. To the extent
`such differences are not resolved, the parties will present the issues in the pretrial
`conference statement so that the judge may rule on the matter during the Pretrial
`Conference; and
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`• Settlement.
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`At least 14 days prior to the Pretrial Conference, the parties shall file a joint pretrial
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`conference statement containing the following information:
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`a.
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`The Action
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`(i) Substance of the Action. A brief description of the substance of claims and
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`defenses that remain to be decided.
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`(ii) Relief Prayed. A detailed statement of all the relief claimed, particularly
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`itemizing all elements of damages claimed as well as witnesses, documents, or other evidentiary
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`material to be presented concerning the amount of those damages.
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`b.
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`The Factual Basis of the Action
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`(i) Undisputed Facts. A plain and concise statement of all relevant facts not
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`reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial
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`record without the necessity of supporting testimony or exhibits.
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`(ii) Disputed Factual Issues. A plain and concise statement of all disputed factual
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`issues that remain to be decided.
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`(iii) Agreed Statement. A statement assessing whether all or part of the action
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`may be presented upon an agreed statement of facts.
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`(iv) Stipulations. A statement of stipulations requested or proposed for pretrial or
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`trial purposes.
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`c.
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`Disputed Legal Issues
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`(i) Points of Law. Without extended legal argument, a concise statement of each
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`Northern District of California
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`disputed point of law concerning liability or relief, citing supporting statutes and decisions setting
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`forth briefly the nature of each party's contentions concerning each disputed point of law,
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`including procedural and evidentiary issues.
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`(ii) Proposed Conclusions of Law. If the case is to be tried without a jury, unless
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`otherwise ordered, parties should briefly indicate objections to proposed conclusions of law.
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`d.
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`Trial Preparation
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`(i) Witnesses to be Called. A list of all witnesses likely to be called at trial, other
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`than solely for impeachment or rebuttal, together with a brief statement following each name
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`describing the substance of the testimony to be given.
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`(ii) Exhibits, Schedules and Summaries. A list of all documents and other items to
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`be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief
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`statement following each describing its substance or purpose and the identity of the sponsoring
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`witness. Unless otherwise ordered, parties will indicate their objections to the receipt in evidence
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`of exhibits and materials lodged and that counsel have conferred respecting such objections.
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`(iii) Estimate of Trial Time. An estimate of the number of court days needed for
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`the presentation of each party’s case, indicating possible reductions in time through proposed
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`stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits.
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`(iv) Use of Discovery Responses. Counsel shall cite possible presentation at trial
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`of evidence, other than solely for impeachment or rebuttal, through use of excerpts from
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`depositions, interrogatory answers, or responses to requests for admission. Counsel shall indicate
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`any objections to use of these materials and that counsel has conferred respecting such objections.
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`(v) Further Discovery or Motions. A statement of all remaining discovery or
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`motions, including motions in limine.
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`e.
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`Trial Alternatives and Options
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`(i) Settlement Discussion. A statement summarizing the status of settlement
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`negotiations and indicating whether further negotiations are likely to be productive.
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`(ii) Consent to Trial Before a Magistrate Judge. A statement whether reference of
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`all or part of the action to a master or magistrate judge is feasible, including whether the parties
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`Northern District of California
`United States District Court
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`Page 00003
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`consent to a court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit.
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`(iii) Amendments, Dismissals. A statement of requested or proposed amendments
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`to pleadings or dismissals of parties' claims or defenses.
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`(iv) Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a
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`separate trial of specific issues is feasible and desired.
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`2. Witnesses
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`a.
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`Jury Trials. The Pretrial Conference Statement shall include the witness list
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`required in part by 1(d)(i) above. In addition, in the case of expert witnesses, the summary shall
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`clearly state the expert’s theories and conclusions and the basis therefore and shall be
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`accompanied by a curriculum vitae; if the expert has prepared a report in preparation for the
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`testimony, a copy thereof shall be furnished to opposing counsel. Witnesses not included on the
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`list may be excluded from testifying.
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`b.
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`Non-Jury Trials. In non-jury cases, any party may serve and lodge with the Court a
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`written narrative statement of the proposed direct testimony of each witness under that party’s
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`control in lieu of a summary. Each statement shall be marked as an exhibit and shall be in a form
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`suitable to be received into evidence.
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`3.
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`Jury Instructions
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`a.
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`Joint Set of Instructions. The parties shall jointly prepare a set of jury instructions,
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`and shall file the proposed instructions at least fourteen days prior to the Pretrial Conference. The
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`submission shall contain both agreed upon instructions (which shall be so noted), and contested
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`instructions, all in the order in which they should be read to the jury. Where contested instructions
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`are included, they should be annotated both with the proponent’s authority for seeking the
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`instruction and the opponent’s reason for opposition. Counsel shall deliver to Chambers a copy of
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`the joint submission on a CD/DVD in Word format. The label shall include the case number and a
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`description of the documents.
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`b.
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`Substance and Format of Instructions. The instructions shall cover all substantive
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`issues and other points not covered by the Ninth Circuit Manual of Model Jury Instructions. Each
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`requested instruction shall be typed in full on a separate page and citations to the authorities upon
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`Northern District of California
`United States District Court
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`Page 00004
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`which the instruction is based shall be included. Instructions shall be brief, clear, written in plain
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`English, and free of argument. Pattern or form instructions shall be revised to address the
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`particular facts and issues of this case.
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`c.
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`Preliminary Statement and Instructions. If the parties wish to have a preliminary
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`statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly
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`prepare and file the text of the proposed preliminary statement and/or preliminary instructions at
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`least fourteen days prior to the Pretrial Conference.
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`d.
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`Voir Dire and Verdict Forms. Each party shall file proposed questions for jury voir
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`dire and a proposed Form of Verdict at least fourteen days prior to the Pretrial Conference.
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`4.
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`Exhibits
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`a.
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`Provide Copies of Exhibits to Other Parties. Each party shall provide every other
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`party with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other
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`similar documentary materials to be used in its case in chief at trial, together with a complete list
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`of all such proposed exhibits. Voluminous exhibits shall be reduced by elimination of irrelevant
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`portions or through the use of summaries. Each item shall be pre-marked with a trial exhibit
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`sticker (“Trial Exhibit No.__”), not deposition exhibit label, and defendant’s exhibit numbers shall
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`be sequenced to begin after plaintiff’s exhibit numbers. If there are numerous exhibits, they
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`should be provided in three-ring binders with marked tab separators. All exhibits that have not
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`been provided as required are subject to exclusion.
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`b.
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`Stipulations re Admissibility. At least fourteen days prior to the Pretrial
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`Conference, the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If
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`stipulation is not possible, the parties shall make every effort to stipulate to authenticity and
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`foundation absent a legitimate (not tactical) objection.
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`c.
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`Objections to Exhibits. In addition to the exhibit list, counsel shall confer with
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`respect to any other objections to exhibits in advance of the Pretrial Conference. Each party shall
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`file a statement briefly identifying each item objected to, the grounds for the objection, and the
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`position of the offering party at least fourteen days prior to the date set for the Pretrial Conference.
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`d.
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`Provide Copies of Exhibits to Court. One set of exhibits shall be provided to the
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`Northern District of California
`United States District Court
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`Page 00005
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`Case 3:19-cv-02471-WHO Document 35 Filed 09/03/19 Page 6 of 8
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`Court in Chambers on the Friday prior to the trial date, in binders, marked, tabbed, and indexed in
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`accordance with Local Rule 16-10(b)(7). Exhibits shall be identified as follows:
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`TRIAL EXHIBIT 100
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`CASE NO. _____________________
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`DATE ENTERED_________________
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`BY __________________________
`DEPUTY CLERK
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`Blocks of numbers shall be assigned to fit the needs of the case (e.g., Plaintiff has 1-100,
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`Defendant has 101-200). The parties shall not mark duplicate exhibits (e.g., plaintiff and
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`defendant shall not mark the same exhibit; only one copy of the exhibit shall be marked).
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`e.
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`Witness Binders. If all of the exhibits in a case do not fit in one binder, then the
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`parties shall prepare a witness binder for each witness that will testify regarding three or more
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`exhibits.
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`f.
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`Disposition of Exhibits after Trial. Upon the conclusion of the trial, each party
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`shall retain its exhibits through the appellate process. It is each party’s responsibility to make
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`arrangements with the Clerk of Court to file the record on appeal.
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`5.
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`Motions In Limine
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`Any party wishing to have motions in limine heard prior to the commencement of trial
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`must file them at least fourteen days prior to the date set for the Pretrial Conference. All motions
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`in limine shall be contained in one document, limited to 25 pages pursuant to Civil L.R. 7-2(b),
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`with each motion listed as a subheading. Opposition to the motions in limine shall be contained in
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`one document, limited to 25 pages, with corresponding subheadings, and shall be filed at least
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`seven days prior to the Pretrial Conference. No reply papers will be considered. The motions will
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`be heard at the Pretrial Conference or at such other time as the Court may direct. Nothing in this
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`provision prevents a party from noticing its motions in limine regularly for hearing on or prior to
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`the final date for hearing dispositive motions. No leave to file under seal will be granted with
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`respect to motions in limine.
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`6.
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`Other Pretrial Matters
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`a.
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`Status Conferences. Any party desiring to confer with the Court may, upon notice
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`to all other parties, arrange a conference through the Courtroom Deputy, Jean Davis, at 415-522-
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`2077 or whocrd@cand.uscourts.gov.
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`b.
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`Settlement Conferences. Parties wishing to arrange a settlement conference before
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`another judge or magistrate judge may do so by contacting the Courtroom Deputy.
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`c.
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`Daily Transcripts. Should a daily transcript and/or realtime reporting be desired,
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`the parties shall make arrangements with Rick Duvall, Court Reporter Supervisor, at 415-522-
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`2079 or Richard_Duvall@cand.uscourts.gov, at least seven calendar days prior to the trial date.
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`7.
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`Trial Matters
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`a.
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`The normal trial schedule will be from 8:00 a.m. to 1:00 p.m. (or slightly longer to
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`finish a witness) with two fifteen minute breaks. Trial is usually held from Monday through
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`Friday.
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`b.
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`Ordinarily, the Court will set fixed time limits for each side at the Final Pretrial
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`Conference.
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`c.
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`Expert witnesses are limited to the scope of their expert reports on direct
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`examination. F.R.C.P. 26(a)(2) and 37(c).
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`d.
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`Parties must meet and confer to exchange any visuals, graphics or exhibits to be
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`used in opening statements. Unless otherwise agreed, the exchange must occur no later than
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`Wednesday before the trial. Any objections not resolved must be filed in writing by Thursday
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`before trial. The parties shall be available by telephone Friday before trial to discuss the issue
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`raised with the Court.
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`e.
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`The parties shall disclose the witnesses whom they will call at trial on any given
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`Page 00007
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`day by at least 2:00 p.m. the court day before their testimony is expected. Failure to have a
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`witness ready to proceed at trial will usually constitute resting.
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`f.
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`g.
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`The Court takes a photograph of each witness prior to the witness’s testimony.
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`Other than a party or party representative, fact witnesses are excluded from the
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`courtroom until they are called to testify, and may not attend in the gallery until their testimony is
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`complete.
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`h.
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`The Court does not typically allow bench conferences. If there are matters that
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`need to be raised with the Court outside the presence of the jury, the parties should raise them in
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`the morning before trial or during recess. With advance notice, the Court is usually available at
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`7:30 a.m. to address such matters.
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`8.
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`Miscellaneous
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`a.
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`Please DO NOT call Chambers. If you need to contact the Courtroom Deputy,
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`please call (415) 522-2077 and leave a message if the deputy is not available, or email
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`whocrd@cand.uscourts.gov.
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`b.
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`Copies. Each document filed or lodged with the Court must be accompanied by a
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`three-hole punched copy for use in the Judge’s chambers. In addition, one copy of the witness and
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`exhibit lists should be furnished to the court reporter.
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`IT IS SO ORDERED.
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`Dated: September 3, 2019
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`________________________
`William H. Orrick
`United States District Judge
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