Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 1 of 16 PageID #: 1587
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 1 of 16 PagelD #: 1587
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`FG SRC LLC,
`
`Plaintiff,
`
`¥,
`
`XILINX,INC.,
`
`Defendant.
`
`
`C.A. Na, 20-cv-601-LPS
`
`va SCHEDULINGORDER
`
`This VS Fa,of |
`wivL, 2021, the Court having conducted a CaseManagement
`
`Conference/Rule 16 scheduling and planning conference pursuantto Local Rule 16.2(a) and Judge
`
`Stark’s Revised
`
`Procedures
`
`for Managing
`
`Patent Cases
`
`(which
`
`is
`
`posted
`
`at
`
`http://www.ded.uscourts.gov;
`
`see Chambers,
`
`Judge Leonard P. Stark, Patent Cases) on
`
`, 2021, and the parties having determined after discussion that the matter cannot be
`
`resolved at this juncture by settlement, voluntary mediation, or binding arbitration;
`IT IS HEREBY ORDEREDthat:
`|
`1.
`Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard. The parties
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`shall maketheirinitial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) by March
`
`4, 2021. The parties shall meet and confer regarding, and subsequently submit, a stipulated ESI
`
`Order on ot before March 22, 2021. Theparties shall complete their Paragraph 3 ESI Disclosures
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`by April 5, 2021.
`
`2.
`
`Joinder of Other Parties and Amendment of Pleadings. All motionsto join other
`
`parties, and to amend or supplementthe pleadings, shall be filed on or before July 22, 2021.
`
`XILINX 1023
`
`XILINX 1023
`
`

`

`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 2 of 16 PagelD #: 1588
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`3.
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`Application to Court for Protective Order. Should counsel find it will be necessary
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`to apply to the Court for a protective order specifying terms and conditions for the disclosure of
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`confidential information, counsel should confer and attempt to reach an agreement on a proposed
`
`form of order and submitit to the Court by March 22, 2021. Should counsel be unable to reach
`
`an agreement on a proposed form oforder, counsel must follow the provisions of Paragraph 8(g)
`
`below.
`
`Any proposedprotective 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 mayberelevant 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 ofthe motion so that the party may have an opportunity to appear and be
`heard on whetherthat 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
`
`documentshall be filed electronically within seven (7) days ofthe filing of the sealed document.
`
`Should any party intend to request to seal or redact all or any portion of a transcript of a
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`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 requestfor sealing
`
`or redaction, it must, promptly after the completion ofthe transcript,file with the Court a motion
`
`for sealing/redaction, and includeas attachments (1) a copy ofthe 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 causefor the redactions and why disclosure ofthe redacted material
`
`would work a clearly defined and serious injury to the party seeking redaction.
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`
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`

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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 3 of 16 PagelD #: 1589
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`5.
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`Courtesy Copies. Other than with respect to ‘discovery matters,’ which are
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`governed by paragraph 8(g), and the final pretrial order, which is governed by paragraph 20, the
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`parties shall provide to the Court two (2) courtesy copies of all briefs and one (1) courtesy copy of
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`any other documentfiled in support ofany briefs (i.e., appendices, exhibits, declarations, affidavits
`
`etc.). This provision also applies to papers filed underseal.
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`6.
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`ADR Process. This matteris referred to a magistrate judge to explore the possibility
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`of alternative dispute resolution.
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`7.
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`Disclosures. Absent agreement among theparties, and approvalof the Court:
`
`a.
`
`By March9, 2021, Plaintiffshall identify the accused product(s), including
`
`accused methods and systems, and its damages model, as well as the asserted patent(s) that the
`
`accused product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each
`
`asserted patent.
`
`b.
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`By April 15, 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, productliterature, schematics, and
`
`specifications. Defendantshall also producesales figures for the accused product(s).
`
`G
`
`By June3, 2021, Plaintiff shall produce aninitial claim chart relating each
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`known accused product to the asserted claims each such product allegedly infringes.
`
`d.
`
`By July 22, 2021, Defendant shall produceits initial invalidity contentions
`
`for each asserted claim, as well as the known related invalidating references.
`
`e.
`
`f.
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`By May13, 2022, Plaintiff shall provide final infringement contentions.
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`By June 3, 2022, Defendant shall provide final invalidity contentions.
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`

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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 4 of 16 PagelD #: 1590
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`8.
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`Discovery, Unless otherwise ordered by the Court, the limitations on discovery set
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`forth in Local Rule 26.1 shall be strictly observed.
`
`a.
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`Discovery Cut Off. All discovery in this case shall be initiated so that it
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`will be completed on or before May 2, 2022.
`
`b.
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`Document Production. Document production shall be substantially
`
`
`complete by February 14, 2022.
`
`c.
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`Requests for Admission. A maximum of 35 requests for admission are
`
`permitted for each side. There is no limit on the numberof requests for admission the parties may
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`serve to establish the authenticity of documents,
`
`d.
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`Interrogatories.
`
`j. Each party may serve on any other party a maximum of 30
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`interrogatories, including contention interrogatories.
`
`ii. The Court encourages the parties to serve and respondto contention
`
`interrogatories early in the case. In the absence of agreement among
`
`the parties, contention interrogatories,
`
`if filed,
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`shall
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`first be
`
`addressed by the party with the burden of proof. The adequacy of
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`all interrogatory answers shall be judged by the level of detail each
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`party provides;i.e., the more detail a party provides, the more detail
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`
`
`a party shall receive.
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`e.
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`Depositions.
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`i. Limitation on Hours for Deposition Discovery.
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`Diaittife’sRroposal: Each side is limited to a total of70 hours of
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`taking deposition by testimony by deposition uponoral examination
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`
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`j ( )i
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`

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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 5 of 16 PagelD #: 1591
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`(excluding third-party depositions and expert depositions). No limit
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`shall be imposed on the numberof third-party depositions that may
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`be taken.
`
`i
`Defendant’s Proposal: Each sideis limited to a total of 70 hours,of
`taking testimony by deposition upon oral examination (including
`/
`third-party depasitions, but excluding expert depositions).
`
` adequately pled induced \i fringement.kt. 35. Defendant has
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`denied Plaintiffs allegations\of direotinfringement. Dkt. 7 7 1. In
`order to prove induced infrin emént Piaintiff will need to take
`discovery adequate to showthat,
`ilinx induces numerousindividual
`customers of its products to’directly infringe the asserted patents.
`\
`Limiting Plaintiff to 70
`hours of depositions, including Xilinx does
`not provide adequate’time for Plaintiff to gather evidence from
`.\
`os
`Xilinx’s numeroug
`customers sufficient
`to prove its
`induced
`infringement case. The Federal Rules of Civil Procedure provide
`mechanisms /to protect
`individual
`third-party customers from
`
`
`
`
`

`

`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 6 of 16 PagelD #: 1592
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`~
`
`N,
`
`
`
`\
`
`
`
`
`
`unreasonable burdens and can be asserted by eachindividual third
`party. \
`/
`Defendant’s Position regarding Depositién Limits:
`Defendantbelieva thattheeeofdepositionismore
`two-party case. Defendant does Jomwy
`than sufficient in this\two-patent,
`not see any reason th i Pl intiff would require 70 hours of f--O »[) \
`one
`pV
`
`y
`, pes
`deposition of Defendant and’Defendant’s witnesses, and additional |
`
`/
`
`
`
`deposition time for third/party Witnesses. Moreover, failing to set
`
`any sort of limit onAhird party depositions is unreasonable and
`
`untenable, as unlirlited depositions weuld also result in essentially
`
`unlimited cost
`
`
`
`afid burden for both parties and non-partiesalike.
`
`ii.
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`Interpreted Testimony: The parties agree that every 1.5 hours of
`
`deposition testimony for which an interpreter is used will count as
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`only one hour of deposition time for purposes of this limit.
`
`iii. 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. Exceptionsto
`
`this general rule may be made byorder of the Court. A defendant
`
`who becomes a counterclaimant, cross-claimant, or third-party
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`plaintiff shall be considered as having filed an action in this Court
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`for the purposeof this provision.
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`f.
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`Disclosure of Expert Testimony.
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`

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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 7 of 16 PagelD #: 1593
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`i. Expert Reports. For the party who hasthe initial burden ofproof on
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`the subject matter, the initial Federal Rule 26(a)(2) disclosure of
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`expert testimonyis due on or before July 5, 2022. The supplemental
`
`disclosure to contradict or rebut evidence on the same matter
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`identified by another party is due on or before August 9, 2022.
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`Reply expert reports from the party with the initial burden of proof
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`are due on or before August 30, 2022. No other expert reports will
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`be permitted without either the consentofall parties or leave ofthe
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`Court. Along with the submission of the expert reports, the parties
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`shall advise of the dates and times of their experts’ availability for
`
`deposition. Expert depositions shall be completed by October 4,
`
`2022. Eachside is limited to seven hours per report or declaration.
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`For example, if a single technical expert submits reports on both
`
`infringement and invalidity, he or she may be deposed for up to 14
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`hourstotal.
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`ii. Expert Report Supplementation. The parties agree they will permit
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`expert declarations to be filed in connection with motions briefing
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`(including case-dispositive motions).
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`iii. Objections to Expert Testimony. To the extent any objection to
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`expert testimony is made pursuant to the principles announced in
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`Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as
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`incorporated in Federal Rule of Evidence 702,it shall be made by
`
`motion no later than the deadline for dispositive motions set forth
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`
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`

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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 8 of 16 PagelD #: 1594
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`herein, unless otherwise ordered by the Court. Briefing on such
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`motions is subject to the page limits set out in connection with
`
`briefing of case dispositive motions.
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`g.
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`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
`
`pursuantto these procedures.
`
`il.
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`Should counsel find, after good faith efforts - including verbal
`
`communication among Delaware and Lead Counselforall parties to
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`the dispute - that they are unable to resolve a discovery matter or a
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`dispute relating to a protective order, the parties involved in the
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`discovery matter or protective order dispute shall submit a joint
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`letter in substantially the following form:
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`Dear Judge Stark:
`
`The parties in the above-referenced matter write to
`request the scheduling of a discovery teleconference.
`
`including at least one Delaware
`The following attorneys,
`Counsel and at least one Lead Counselper 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:
`
`
`
`

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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 9 of 16 PagelD #: 1595
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`[provide here a non-argumentativelist of disputes requiring
`judicial attention]
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`iii. On a date to be set by separate order, but not less than forty-eight
`
`(48) hours prior to the conference, the party seekingrelief 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
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`by separate order, but not less than twenty-four (24) hours prior to
`
`the conference, any party opposing the application for reliefmay file
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`a letter, not to exceed three (3) pages, outlining that party’s reasons
`
`for its opposition.
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`iv. Each party shall submit two (2) courtesy copies ofits discovery
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`letter and any attachments.
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`y. Should the Court find further briefing necessary upon conclusion of
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`the telephone conference, the Court will order it, Alternatively, the
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`Court may choose to resolve the dispute prior to the telephone
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`conference and will, in that event, cancel the conference.
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`
`
`9,
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`Motions to Amend
`
`a.
`
`Any motion to amend (including a motion for leave to amend)a pleading
`
`shall NOT be accompaniedby an openingbrief but shall, instead, be accompanied bya letter, not
`
`to exceed three (3) pages, describing the basis for the requestedrelief, and shall attach the proposed
`
`amendedpleading as well as a ‘blackline’ comparison to the prior pleading.
`
`b,
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`Within seven (7) days after the filing of a motion in compliance with this
`
`Order, any party opposing such a motionshallfile a responsiveletter, not to exceed five (5) pages.
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`

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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 10 of 16 PagelD #: 1596
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`C.
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`Within three (3) days thereafter, the moving party may file a replyletter,
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`not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a
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`teleconference to address the motion to amend.
`
`10.
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`Motions to Strike.
`
`a.
`
`Any motion to strike any pleading or other document shall NOT be
`
`accompanied by an openingbriefbut shall, instead, be accompanied byaletter, not to exceed three
`
`(3) pages, describing the basis for the requestedrelief, and shall attach the documentto bestricken.
`
`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 responsiveletter, 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 strike.
`
`11.
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`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 their opening
`
`claim construction briefs are due, a tutorial on the technology at issue. In that regard, the parties
`
`may sepatately or jointly submit a DVD of not more than thirty (30) minutes. Thetutorial should
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`focus on the technology in issue and should notbe used for argument. The parties may choose to
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`file their tutorial(s) underseal, subject to any protective order in effect. Each party may comment,
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`in writing (in no more than five (5) pages) on the opposing party’s tutorial. Any such comment
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`shall be filed no later than the date on which the answering claim construction briefs are due. As
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`to the formatselected, the parties should confirm the Court’s technical abilities to access the
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`information contained in the tutorial (currently best are ‘mpeg’ or ‘quicktime’).
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`10
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`

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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 11 of 16 PagelD #: 1597
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`12.
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`Claim Construction Issue Identification. On August 19, 2021, the parties shall
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`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 exchangingthatlist, the parties will meet and confer, and, if needed, will
`
`provide rebuttal constructions of those term(s)/phrase(s) by September9, 2021. The parties will
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`subsequently prepare a Joint Claim Construction Chart to be submitted on September 23, 2021.
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`The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of
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`the claim(s) in issue, and should include each party’s proposed construction of the disputed claim
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`language with citation(s) only to the intrinsic evidence in support of their respective proposed
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`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,
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`the parties shall not provide argument.
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`13. Claim Construction Briefing. The parties shall contemporaneously submitinitial
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`briefs on claim construction issues on October 26, 2021. The parties’ answering/responsive briefs
`
`shall be contemporaneously submitted on December 7, 2021. Noreply briefs or supplemental
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`papers on claim construction shall be submitted without leave of the Court. Local Rule 7.1.3(4)
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`shall control the page limitationsfor initial (opening) and responsive (answering) briefs.
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`14.
`
`Hearing on Claim Construction. Beginning at 11 a.m. on February 4, 2022, the
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`Court will hear argumenton claim construction. The parties shall notify the Court, by joint letter
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`submission, no later than the date on whichtheir answering claim construction briefs are due: (i)
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`whether they request leave to presenttestimonyat the hearing; and(ii) the amount oftime they are
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`requesting be allocated to them for the hearing.
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`11
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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 12 of 16 PagelD #: 1598
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`Provided that the parties comply with all portions ofthis Scheduling Order, and any other
`
`orders of the Court, the parties should anticipate that the Court will issue its claim construction
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`order within sixty (60) days of the conclusion of the claim construction hearing. If the Court is
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`unable to meetthis goal, it will advise the parties no later than sixty (60) days after the conclusion
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`of the claim construction hearing.
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`15.
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`Interim Status Report. On July 29, 2021, counsel shall submit a joint letter to the
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`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 a status conference.
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`16.
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`Supplementation. Absent agreement amongtheparties, and approvalofthe Court,
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`no later than May 2, 2022, the parties mustfinally supplement, inter alia, the identification ofall
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`accused products andofall invalidity references.
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`17.
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`Case Dispositive Motions, All case dispositive motions, an opening brief, and
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`affidavits, if any, in support of the motion shall be served and filed on or before November 1,
`
`2022. Briefing will be presented pursuant to the Court’s Local Rules,as modified by this Order.
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`Case dispositive answering briefs shall be due on or before November 22, 2022. Case dispositive
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`reply briefs shall be due on or by December8, 2022.
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`a.
`
`Noearly motions without leave. No case dispositive motion under Rule 56
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`may befiled more than ten (10) days before the above date without leave of the Court. A party
`
`seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth
`
`above shall do so byfiling a letter briefwith the Court ofno morethan four (4) pages, explaining
`
`the reasons why anearlier-filed motion should be permitted. If any party wishes to contest this
`
`request, it may do so byfiling a responsiveletter briefofno more than four (4) pages, within seven
`
`(7) days from the date the requesting party filed its brief. No reply briefs shall be filed.
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`12
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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 13 of 16 PagelD #: 1599
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`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 combinedtotal 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 amountof pages permitted for all case dispositive and Daubert motions shall
`
`be increased to 50 pages forall opening briefs, 50 pagesfor all answering briefs, and 25 pages for
`
`all reply briefs for each SIDE.’
`
`c.
`
`Hearing. The Court will hear argumentonall pending case dispositive and
`
`Daubert motions on January 5, 2023, beginning at 11:00 a.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-dispositive motion should
`
`contain the statement required by Local Rule 7 .1.1.
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`19.
`
`Pretrial Conference. On February 23, 2023,
`
`the Court will hold a pretrial
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`conference in Court with counsel beginning at 11:00 a.m. Unless otherwise ordered by the Court,
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`the parties should assumethatfiling the pretrial ordersatisfies the pretrial disclosure requirement
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`ofFederal Rule ofCivil Procedure 26(a)(3). The parties shall file with the Court the joint proposed
`
`
`1 The parties must work together to ensure that the Court receives no more than a total of 250
`pages (i.c., 50 + 50 + 25 regarding one side’s motions, and 50 + 50 + 25 regarding the other side’s
`motions) ofbriefing 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 coordinatedpretrial schedule.
`
`13
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`

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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 14 of 16 PagelD #: 1600
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`final pretrial order with the information required by the form of Revised Final Pretrial Order -
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`Patent, which can be found on the Court’s website (www.ded.uscourts.gov), on or before
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`February 16, 2023. Unless otherwise ordered by the Court, ‘the parties shall comply with the
`
`timeframes set forth in Local Rule 16.3( d)(I)-(3) for the preparation of the joint proposed final
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`pretrial order.
`
`The parties shail provide the Court two (2) courtesy copies of the joint proposed final
`
`pretrial order andali attachments.
`
`Asnotedin the Revised Final Pretrial Order - Patent, the parties shall includein their joint
`
`proposed final pretrial order, amongotherthings:
`
`a.
`
`a request for a specific number ofhoursfor theirtrial presentations, as 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% to 6 % hoursoftrial
`
`
`
`time, and in a typical benchtrial 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 ofcompleteness and/or
`
`lack of inconsistency;
`
`c,
`
`their position as to whether the Court should rule attrial on objections to
`
`expert testimony as beyondthe scopeofprior 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 followingtrial, subject to the proviso that a party prevailing on such a post-
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`trial objection will be entitled to haveall ofits costs associated with a new trial paid for by the
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`party that elicited the improper expert testimony at the earlier trial; and
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`14
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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 15 of 16 PagelD #: 1601
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`d.
`
`their position as to how to make motions for judgment as_a matter of law,
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`whether it be immediately at the appropriate point during trial or at a subsequent break, whether
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`the jury should bein or out of the courtroom, and whether such motions may be supplemented in
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`writing.
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`20.
`Motions in Limine. Motions in limine shall not be separately filed. All in limine
`requests and responsesthereto 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
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`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 argument and may be opposed by a maximum of
`three (3) pages of argument, and the side makingthe in limine request may add a maximum of one
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`(1) additional page in reply in support of its request.
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`If more than one party is supporting or
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`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
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`permitted by the Court.
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`21.
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`Jury Instructions, Voir Dire, and Special Verdict Forms. Where a caseis to be tried
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`to a jury, pursuant to Local Rules 47 and 51 the parties should file (i) proposed voir dire, (ii)
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`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
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`courtesy copy containing electronic files of these documents, in WordPerfect or Microsoft Word
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`format, which may be submitted by e-mail to Judge Stark’s staff.
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`22.
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`Trial. This matter is scheduled for a 5-day trial beginning at 8:30 a.m. on March
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`20, 2023, with the subsequenttrial days beginning at 9:00 a.m. Until the case is submitted to the
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`15
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`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 16 of 16 PagelD #: 1602
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`jury for deliberations, the jury will be excused each day at 4:30 p.m. Thetrial will be timed,as
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`counsel will be allocated a total numberof hours in which to present their respective cases.
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`23.
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`Judgment on Verdict and Post-Trial Status Report. Within seven (7) days after a
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`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,
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`indicating among other things how the case should proceed and listing any post-trial motions each
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`party intends to file.
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`24.
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` Post-Trial Motions. Unless otherwise ordered by the Court, all SIDES are limited
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`to a maximum of 20 pages of openingbriefs, 20 pages of answering briefs, and 10 pages of reply
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`briefs relating to any post-trial motions filed by that side, no matter how many such motions are
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`filed.
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` a
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`a
`UNITED STATES DISTRICT JUDGE
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`16
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