Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 1 of 11 Page ID #:670
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`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`SOUTHERN DIVISION
`
`COLIBRI HEART VALVE LLC,
`
`Plaintiff,
`
`vs.
`
`Case No.: SA CV 20-00847-DOC-JDE
`
`SCHEDULING ORDER & ORDER RE:
`PRETRIAL AND TRIAL PROCEDURES
`
`Fact Discovery Cut-Off:
`
`MEDTRONIC CO REV AL VE LLC et al.,
`
`Jan. 25, 2021
`
`Defendants.
`
`Motion Cut-Off:
`
`Aug. 2, 202 1 @ 8:30 AM
`
`Final Pretrial Conference:
`
`Aug. 30, 202 1 @ 8:30 AM
`
`Jury Trial:
`
`Sept. 14, 2021 @ 8:30 AM
`
`This Scheduling Order governs the course of all pretrial and trial proceedings in this case.
`
`For further guidance, consult the Federal Rules of Civil Procedure and the Local Rules.
`
`I.
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`Court Appearances
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`Parties shall be represented at all comt appearances by lead counsel, the counsel expected
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`to be in charge of conducting trial on behalf of the parties. The parties ( or counsel) must appear
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`in person for hearings and conferences before the Court. The Court does not permit telephonic
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`appearances.
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`Under no circumstances should counsel, or a party if the party is appearing prose, fail to
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`appear at a comt appearance unless their appearance has been waived by prior order of the
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`Court. Even if the patties have reached a settlement, counsel for all parties, or the patty if
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`appearing pro se, must appear· at court appear·ances until a stipulation of dismissal signed by all
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`parties has been lodged with the Court.
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`- 1-
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`Colibri Heart Valve LLC, Exhibit 2003, Page 1 of 11
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`

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`Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 2 of 11 Page ID #:671
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`Settlement
`II.
`If the parties have agreed to appear before a neutral selected from the Court’s Mediation
`Panel (ADR Procedure No. 2) or to participate in private mediation (ADR Procedure No. 3), the
`parties shall notify the Court of the name and contact information of the mediator within twenty-
`one (21) days of this Order if they have not already done so in their Rule 26(f) report.
`If settlement is reached at any time in this litigation, the parties shall immediately notify
`the Court by telephone, email, or by filing a notice of settlement. Local Rule 40-2. The Court’s
`Courtroom Deputy Clerk can be reached at (714) 338-4543. The Court’s email address is
`DOC_Chambers@cacd.uscourts.gov.
`III.
`Joinder of Parties and Amendment of Pleadings
`All motions to join other parties (including Doe or Roe defendants) or to amend the
`pleadings shall be filed and served within sixty (60) days of the date of this Order and noticed
`for hearing within ninety (90) days of this Order.
`IV. Discovery Cut-Off
`The Court has established a cut-off date for discovery in this action. All discovery is to be
`completed on, or prior to, the cut-off date. Plan now to complete discovery on the schedule set; a
`continuance is unlikely. Accordingly, the following discovery schedule shall apply in this
`Court:
`
`(1) Depositions: All depositions shall be scheduled to commence at least five (5)
`working days prior to the discovery cut-off date. A deposition which commences
`five (5) days prior to the discovery cut-off date may continue beyond the cut-off
`date, as necessary.
`(2) Written Discovery: All interrogatories, requests for production of documents, and
`requests for admissions shall be served at least forty-five (45) days before the
`discovery cut-off date. The Court will not approve stipulations between counsel
`that permit responses to be served after the cut-off date except in unusual
`circumstances and upon a showing of good cause.
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`-2-
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`Colibri Heart Valve LLC, Exhibit 2003, Page 2 of 11
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`

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`Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 3 of 11 Page ID #:672
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`(3) Discovery Motions: Any motion regarding the inadequacy of responses to
`discovery must be filed and served no later than five (5) days after the discovery
`cut-off date. Routine discovery motions will be referred to the magistrate judge
`assigned to the case. Whenever possible, the Court expects counsel to resolve
`discovery disputes among themselves in a courteous, reasonable, and professional
`manner. Repeated resort to the Court for guidance in discovery is unnecessary and
`may result in the Court appointing a Special Master at the joint expense of the
`parties to resolve discovery disputes. The Court expects that counsel will strictly
`adhere to the Civility and Professional Guidelines adopted by the United States
`District Court for the Central District of California.
`(4) Disclosure of Expert Testimony: The above discovery cutoff date includes expert
`discovery, unless otherwise ordered by the Court, and the Court orders the
`sequence of disclosures as provided by Fed. R. Civ. Proc. 26(a)(2)(D), unless the
`parties otherwise stipulate in writing and obtain the Court’s approval.
`Protective Orders and Under Seal Filings
`V.
`All protective orders are to be noticed before the magistrate judge assigned to your case,
`unless otherwise ordered by Court.
`Stipulated Protective orders or confidentiality orders generally do not control under seal
`filings. Applications for under seal filings must state with specificity the basis for protection and
`should not rely exclusively on the existence of a protective order. See Judge Carter’s Initial
`Standing Order for more information.
`VI. Motions Generally
`Counsel should note the timing and service requirements of Local Rules 6 and 7 and its
`subparts including:
`(1) Rule 6-1: Notice of motion and the moving papers must be filed and served
`twenty-eight (28) days before the noticed hearing date, unless the notice is served
`by mail, in which case service is required thirty-one (31) days prior to the noticed
`hearing date;
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`-3-
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`Colibri Heart Valve LLC, Exhibit 2003, Page 3 of 11
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`

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`Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 4 of 11 Page ID #:673
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`(2) Rule 7-9: Opposing papers shall be filed twenty-one (21) calendar days before the
`hearing date; and
`(3) Rule 7-10: Reply papers, if any, shall be filed fourteen (14) calendar days before
`the hearing date.
`(4) Rule 7-11: If the hearing date is continued, the deadlines for filing opposing and
`reply papers are automatically extended unless the Court orders otherwise.
`Counsel must comply with the timing requirements of the Local Rules so that chambers
`can properly prepare for motion matters.
`VII. Motions for Summary Judgment
`The motion cut-off date is the day that the Court will hear motions for summary
`judgment. Thus, motions must be filed several weeks in advance of this date as required by
`Local Rule 6.
`In general, the Court will hear only one motion for summary judgment per party. Cross
`motions for summary judgment will all be heard on the same day, after the close of discovery. In
`other words, the Court will not entertain piecemeal motions for partial summary judgment
`before the factual record is complete.
`All motions (except motions in limine dealing with admissibility of evidence) must be
`disposed of before the Final Pretrial Conference.
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`A. Moving Party’s Statement of Uncontroverted Facts and Conclusions of
`Law
`The uncontroverted facts shall be set forth in a two column format. The left hand column
`shall set forth the allegedly undisputed fact. The right hand column shall set forth the evidence
`that supports the factual statement. The fact statements shall be set forth in sequentially
`numbered rows. Each cell should contain a narrowly focused statement of fact, and address a
`single subject in as concise a manner as possible.
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`SUF Example
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`Colibri Heart Valve LLC, Exhibit 2003, Page 4 of 11
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`

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`Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 5 of 11 Page ID #:674
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`SUF #/ Undisputed Fact
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`Evidence
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`#1 (Moving party’s first undisputed fact)
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`(citations to supporting evidence)
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`#2 (Moving party’s second undisputed fact)
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`(citations to supporting evidence)
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`Opposing Party’s Statement of Genuine Disputes of Material Fact
`B.
`The first part of the opposing party’s Statement of Genuine Disputes shall track the
`moving party’s Statement of Uncontroverted Facts. It shall be set forth in a two column format.
`The left hand column shall restate the allegedly undisputed fact and supporting evidence, and
`the right hand column shall state either that the fact is undisputed or disputed. The opposing
`party may dispute all or only a portion of the allegedly undisputed fact, but if disputing only a
`portion, the opposing party must specify clearly what portion is being disputed.
`To demonstrate that a fact is disputed, the opposing party shall briefly state why it
`disputes the moving party’s allegedly undisputed fact, cite to the relevant exhibit or other
`evidence controverting the allegedly undisputed fact, and describe what it is in that exhibit or
`evidence that controverts the allegedly undisputed fact.
`If the opposing party objects to the evidence supporting an allegedly undisputed fact, the
`party shall state in the right hand column the presence of that objection, by simply stating
`“Evidentiary Objection.” The specific grounds of each objection should be included in a
`separate table.
`No legal argument shall be set forth in this document.
`The opposing party may also specify additional material facts that bear on or relate to the
`issues raised by the moving party, which shall follow the same two column format described
`above for the moving party’s Statement of Uncontroverted Facts. These additional facts shall
`continue in sequentially numbered paragraphs (i.e., if the moving party’s last allegedly
`undisputed fact was set forth as ¶ 30, then the first new allegedly undisputed fact specified by
`the opposing party shall be set forth as ¶ 31).
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`Colibri Heart Valve LLC, Exhibit 2003, Page 5 of 11
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`

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`Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 6 of 11 Page ID #:675
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`The moving party, in its reply, shall respond to the additional allegedly undisputed facts
`in the same manner and format that the opposing party is required to adhere to in responding to
`the moving party’s Statement of Uncontroverted Facts, as described above.
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`SGD Example
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`SUF # / Moving Party’s Undisputed
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`Reply
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`Fact/Evidence
`#1 (Moving party’s first undisputed fact)
`
`State whether the moving party’s fact is
`disputed or undisputed.
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`(moving party’s citations to supporting evidence)
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`(citations to supporting evidence)
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`#2 (Moving party’s second undisputed fact)
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`(moving party’s citations to supporting evidence)
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`(note if there is an evidentiary
`objection)
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`State whether the moving party’s fact is
`disputed or undisputed.
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`(citations to supporting evidence)
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`(note if there is an evidentiary
`objection)
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`Supporting Evidence
`C.
`Evidence in support of or in opposition to a motion shall be presented to the Court in a
`way that makes it easy for the Court to find cited evidence. For instance, the parties should make
`generous use of tabs and indices for hard copies of exhibits. The parties should highlight the
`testimony or portions of exhibits on which they are relying.
`If a deposition is cited extensively, the parties should lodge a copy of the deposition
`transcript with the Court.
`D.
`Objections to Evidence
`If a party disputes a fact based in whole or in part on an evidentiary objection, the party
`should file a separate document entitled “Objections to Evidence Offered in Support of [Party’s]
`[Motion/Opposition].” The Objections to Evidence should be filed in conjunction with the
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`Colibri Heart Valve LLC, Exhibit 2003, Page 6 of 11
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`

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`Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 7 of 11 Page ID #:676
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`opposition or reply brief of the party. The document should be organized to track the row
`numbers of the other party’s separate statement in sequence. It should identify the specific item
`of evidence to which objection is made, the ground of the objection, and a very brief argument
`with citation to authority as to why the objection is well taken.
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`Evidentiary Objections Example 1
`
`Moving Parties Undisputed Fact/Evidence
`
`Evidentiary Objection
`
`#1 (Moving party’s first undisputed fact)
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`Objection to the supporting deposition transcript
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`of Jane Smith at 60:1-10 on the ground that the
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`statement constitutes inadmissible hearsay and no
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`Jane Smith Dep. 60:1-10; Lee Decl. Ex. E
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`exception is applicable. To the extent that the
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`(Disclosure Agreement § 2)
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`statement is offered to prove her state of mind, it
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`is irrelevant since her state of mind is not in
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`issue. Fed. R. Evid. 801, 802.
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`Alternately, if the evidentiary objection(s) is/are particularly lengthy (over 100 words),
`the party may lodge its objections in a standard memo-format. However, this memorandum must
`specifically cite the SUF number.
`
`Evidentiary Objections Example 2
`Statement of Uncontroverted Facts #3: Objection to the supporting
`deposition transcript of Jane Smith at 60:1-10 on the ground that the
`statement constitutes inadmissible hearsay and no exception is applicable.
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`[Lengthy legal argument]
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`To the extent that the statement is offered to prove her state of mind, it is
`irrelevant since her state of mind is not in issue. Fed. R. Evid. 801, 802.
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`Colibri Heart Valve LLC, Exhibit 2003, Page 7 of 11
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`

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`Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 8 of 11 Page ID #:677
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`Filing Statements of Fact
`E.
`In addition to filing statements of fact, the Parties should email the Statement of
`Uncontroverted Facts and Statement of Genuine Disputes in Word or Excel format to
`DOC_Chambers@cacd.uscourts.gov.
`VIII. Final Pretrial Conference
`A Final Pretrial Conference (“FPTC”) has been scheduled in this case pursuant to Federal
`Rule of Civil Procedure 16 and the Local Rules. Unless excused for good cause, each party
`appearing in this action shall be represented at the FPTC and all pretrial meetings of counsel by
`lead counsel.
`A continuance of the Final Pretrial Conference at counsel’s request or stipulation is
`highly unlikely. Counsel should plan to do the necessary pretrial work on a schedule which will
`ensure its completion with time to spare before the Final Pretrial Conference. Failure to
`complete discovery work is not grounds for a continuance. The Court has a crowded docket and
`to displace another case already set for trial in favor of a case in which counsel have not been
`diligent in preparing their case would not be just.
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`A. Memoranda of Contentions of Fact and Law and Final Pretrial
`Conference Order
`Compliance with the requirements of Local Rule 16 is required by the Court. Carefully
`prepared Memoranda of Contentions of Fact and Law (which may also serve as the trial brief)
`and a proposed Final Pretrial Conference Order (“FPTCO”) shall be submitted in accordance
`with the provisions of Local Rules 16-4 through 16-7. The Memoranda of Contentions of Fact
`and Law are due twenty-one (21) days before the FPTC and the proposed FPTCO is to be
`lodged eleven (11) days before the FPTC. The form of the proposed Final Pretrial Conference
`Order shall be in conformity with the format set forth in Appendix A to Local Rules.
`Adherence to the time requirements is necessary to provide the Court and its staff time to
`prepare the matter.
`In drafting the FPTCO, the Court expects that counsel will attempt to agree on and set
`forth as many uncontested facts as possible. The Court will normally read the uncontested facts
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`Colibri Heart Valve LLC, Exhibit 2003, Page 8 of 11
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`Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 9 of 11 Page ID #:678
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`to the jury at the start of the trial. A carefully drafted and comprehensively stated stipulation of
`facts will reduce the length of trial and increase jury understanding of the case.
`At the FPTC, counsel should be prepared to discuss means of streamlining the trial,
`including, but not limited to: bifurcation, presentation of non-critical testimony by deposition
`excerpts, stipulations as to the content of testimony, presentation of testimony on direct
`examination by declaration subject to cross-examination, and qualification of experts by
`admitted resumes. In rare cases in which the Court waives the FPTC, counsel must follow Local
`Rules 16-11.
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`B. Motions in Limine
`All motions in limine must be filed eleven (11) days prior to the FPTC. Oppositions to
`motions in limine must be filed no later than seven (7) days prior to the FPTC. Motions in
`limine will typically be heard at the FPTC.
`IX.
`Trial
`Parties should note that the Court may advance the trial date by up to two weeks.
`A.
`Statement of the Case (Jury Trials)
`At least seven (7) days prior to trial, the parties shall prepare a joint statement of the case
`which will be read by the Court to the prospective panel of jurors prior to the commencement of
`voir dire. The statement should typically be a few sentences in length.
`B.
`Voir Dire (Jury Trials)
`At least seven (7) days prior to trial, each party shall file and serve on opposing parties
`any special questions requested to be put to prospective jurors on voir dire.
`C.
`Proposed Jury Instructions (Jury Trials)
`Proposed jury instructions must be filed seven (7) days prior to trial, in accordance with
`Local Rule 51. Parties should cite relevant authorities for each instruction, e.g., CACI, Ninth
`Cir. Model Jury Instructions. The parties should exchange proposed jury instructions and agree
`as much as possible on the necessary instructions before filing them with the Court. Both parties
`should submit their proposed jury instructions (preferably in Word format) to the Court at
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`Colibri Heart Valve LLC, Exhibit 2003, Page 9 of 11
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`Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 10 of 11 Page ID #:679
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`DOC_Chambers@cacd.uscourts.gov. In addition, parties should bring copies of their proposed
`jury instruction, printed on single-sided paper, with them on the first day of trial.
`D.
`Findings of Fact and Conclusions of Law (Bench Trials)
`The parties shall serve and lodge proposed findings of fact and conclusions of law at least
`seven (7) days prior to trial and in accordance with Local Rule 52. The parties should submit
`their proposed findings of fact and conclusions of law (preferably in Word format) to the Court
`at DOC_Chambers@cacd.uscourts.gov.
`E.
`Proposed Verdict Form
`At least seven (7) days prior to trial, the parties shall file their proposed verdict forms.
`The Court typically does not use special verdict forms. The parties should exchange proposed
`verdict forms and agree as much as possible to the form before filing. The parties should submit
`the proposed verdict form (in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
`F.
`Exhibits
`A joint exhibit list must be filed at least twenty-one (21) days prior to the Final Pretrial
`Conference in accordance with Local Rule 16-6.1. Parties should also submit their joint exhibit
`list (in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
`Exhibits are to be delivered to the Courtroom Deputy Clerk not later than 8:30 a.m. on
`the first day of trial. All exhibits will be placed in loose leaf binders which are tabbed down the
`right side with exhibit numbers. The spine of the binder is to be marked with the case name and
`number and the numbers of the exhibits contained therein.
`Two binders will be prepared: (1) an original for the Clerk, which will be tagged with the
`appropriate exhibit tags in the upper right-hand corner of the first page of each exhibit, and (2)
`one copy for the Court. Each binder will contain an index of the exhibits included.
`The exhibits are to be numbered in accordance with Local Rule 26-3. Counsel may obtain
`exhibit tags (yellow for plaintiff and blue for defendant) at the Clerk’s Office, Intake Window.
`Special arrangements for voluminous or oversized exhibits should be made with the Courtroom
`Deputy Clerk by Wednesday of the week before trial.
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`Colibri Heart Valve LLC, Exhibit 2003, Page 10 of 11
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`Case 8:20-cv-00847-DOC-JDE Document 53 Filed 09/08/20 Page 11 of 11 Page ID #:680
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`After the conclusion of trial, parties must take their exhibits with them after signing a
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`release. If the paities do not take their exhibits, the Comt will dispose of exhibits after fomteen
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`(14) days. Expert Cut-Off: May 24, 2021.
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`IT IS SO ORDERED.
`
`DAVID 0. CARTER
`United States District Judge
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`10
`11 Dated: September 4, 2020
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`Revised: March 21, 2017
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`Colibri Heart Valve LLC, Exhibit 2003, Page 11 of 11
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