Case 1:21-cv-01821-CJB Document 24 Filed 05/12/22 Page 1 of 20 PageID #: 231
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
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`TOPIA TECHNOLOGY, INC.,
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`Plaintiff,
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`V.
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`EGNYTE, INC.,
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`Defendant.
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`)
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`) C.A. No. 21-1821-CJB
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`SCHEDULING ORDER
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`This_l __ day of M' ~ , 2022, the Court having conducted an initial Rule 16
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`scheduling and planning conference pursuant to Federal Rule of Civil Procedure 16(b) and Local
`Rule 16.1 on __ tJ__,_/ ..... ~ _ _ , 202_, and the parties having determined after discussion that the
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`matter cannot be resolved at this juncture by settlement, voluntary mediation, or binding
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`arbitration;
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`IT IS ORDERED that:
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`1.
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`Rule 26{a){l} Initial Disclosures and E-Discovery Default Standard. Unless
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`otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to
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`Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date of this Order. If they
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`have not already done so, the parties are to review the Court's Default Standard for Discovery,
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`Including Discovery of Electronically Stored Information ("ESI"), which is posted on Magistrate
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`Judge Burke's section of the Court's website (http://www.ded.uscourts.gov) under the
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`"Guidelines" tab, and is incorporated herein by reference.
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`2.
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`Joinder of Other Parties and Amendment of Pleadings. All motions to join
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`other parties, and to amend or supplement the pleadings shall be filed on or before August 26,
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`2022.
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`3.
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`Application to Court for Protective Order. Should counsel find it will be
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`necessary to apply to the Court for a protective order specifying terms and conditions for the
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`disclosure of confidential information, counsel should confer and attempt to reach an agreement
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`on a proposed form of order and file it with the Court within ten (10) days from the date of this
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`Order. Should counsel be unable to reach an agreement on a proposed form of order, counsel
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`must follow the provisions of Paragraph 7(g) below.
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`Any proposed protective order must include the following paragraph:
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`Other Proceedings. By entering this order and limiting the disclosure of
`information in this case, the Court does not intend to preclude another court from
`finding that information may be relevant and subject to disclosure in another case.
`Any person or party subject to this order who becomes subject to a motion to
`disclose another paiiy's information designated "confidential" [the parties should
`list any other level of designation, such as "highly confidential," which may be
`provided for in the protective order] pursuant to this order shall promptly notify
`that party of the motion so that the party may have an opportunity to appear and
`be heard on whether that information should be disclosed.
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`4.
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`Papers Filed Under Seal. When filing papers under seal, counsel shall follow the
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`District Court's policy on Filing Sealed Civil Documents in CM/ECF and section G of the
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`Administrative Procedures Governing Filing and Service by Electronic Means. A redacted
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`version of any sealed document shall be filed electronically within seven (7) days of the filing of
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`the sealed document.
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`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
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`start of the court proceeding. Should the party subsequently choose to make a request for sealing
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`or redaction, it must, promptly after the completion of the transcript, file with the Court a motion
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`for sealing/redaction, and include as attachments: (1) a copy of the complete transcript
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`highlighted so the Court can easily identify and read the text proposed to be sealed/redacted; and
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`2
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`(2) a copy of the proposed redacted/sealed transcript. With its request, the party seeking
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`redactions must demonstrate why there is good cause for the redactions and why disclosure of
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`the redacted material would work a clearly defined and serious injury to the party seeking
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`redaction.
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`5.
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`Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies
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`of all briefs and any other document filed in support of any briefs (i.e., appendices, exhibits,
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`declarations, affidavits, etc.). This provision also applies to papers filed under seal. Unless
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`ordered differently by the Court, such copies must be provided to the Court by no later than noon
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`the business day after the filing is made electronically.
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`6.
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`Disclosures. Absent agreement among the parties, and approval of the Court:
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`a.
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`Plaintiff represents
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`that
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`it
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`is complying with
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`the Paragraph 6(a)
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`Disclosures because the patents-in-suit has not already been licensed and is not the subject of a
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`settlement agreement.
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`b.
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`By June 1, 2022, Plaintiff shall identify the accused product(s), including
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`accused methods and systems, and its damages model, as well as the asserted patent(s) that the
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`accused product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each
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`asserted patent.
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`c.
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`By July 1, 2022, Defendant shall produce core technical documents related
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`to the accused product(s), sufficient to show how the accused product(s) work(s), including but
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`not limited to non-publicly available operation manuals, product literature, schematics, and
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`specifications. Defendant shall produce sales figures for the accused product(s).
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`d.
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`By August 3, 2022, Plaintiff shall produce an initial claim chart relating
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`each known accused product to the asserted claims each such product allegedly infringes.
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`3
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`e.
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`By September 2, 2022, Defendant shall produce its initial invalidity
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`contentions for each asserted claim, as well as the known related invalidating references.
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`f.
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`By October 13, 2023
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`, Plaintiff shall provide final
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`infringement contentions.
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`g.
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`By November 13, 2023
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`Defendant shall provide
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`final invalidity contentions.
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`h.
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`The parties, if they think it necessary, should set times in the schedule for
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`reducing the number of asserted claims and asserted prior art used for anticipation and
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`obviousness combinations. The usual points where the Court will consider such limits are before
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`claim construction and after a ruling on claim construction.
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`7.
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`Discovery. Unless otherwise ordered by the Court, the limitations on discovery
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`set forth in Local Rule 26.1 shall be strictly observed.
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`a.
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`Discovery Cut Off. All fact discovery in this case shall be initiated so that
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`it will be completed on or before September 15, 2023.
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`b.
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`Document Production. Document production shall be substantially
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`complete by March 17, 2023.
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`c.
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`Requests for Admission. A maximum of 25 requests for admission are
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`pennitted for each side, not including requests directed to authenticity.
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`d.
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`Interrogatories.
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`i.
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`A maximum of 25
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`interrogatories,
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`including contention
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`interrogatories, are permitted for each side.
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`ii.
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`The Court encourages the parties to serve and respond to
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`contention interrogatories early in the case. In the absence of agreement among the parties,
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`contention interrogatories, if served, shall first be addressed by the party with the burden of
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`proof. The adequacy of all interrogatory answers shall, in part, be judged by the level of detail
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`each party provides; i.e., the more detail a party provides, the more detail a party shall receive.
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`e.
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`Depositions.
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`1.
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`Limitation on Hours for Deposition Discovery. Each side is
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`limited to a total of 70 hours of taking testimony by deposition upon oral examination.
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`11.
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`Location of Depositions. Any party or representative ( officer,
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`director, or managing agent) of a party filing a civil action in this Court must ordinarily be
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`required, upon request, to submit to a deposition at a place designated within this district.
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`Exceptions to this general rule may be made by order of the Court. A defendant who becomes a
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`counterclaimant, cross-claimant, or third-party plaintiff shall be considered as having filed an
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`action in this Court for the purpose of this provision.
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`f.
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`Disclosure of Expert Testimony.
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`i.
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`Expert Reports. For the party who has the initial burden of proof
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`on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or
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`before October 13, 2023. The supplemental disclosure to contradict or rebut evidence on the
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`same matter identified by another party is due on or before November 13, 2023. Reply expert
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`reports from the party with the initial burden of proof are due on or before December 11, 2023.
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`No other expert reports will be permitted without either the consent of all parties or leave of the
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`Court. Along with the submissions of the expert reports, the parties shall advise of the dates and
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`times of their experts' availability for deposition. Expert depositions shall be completed by
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`January 19, 2024.
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`ii.
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`Expert Report Supplementation. The parties agree they will
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`5
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`permit expert declarations to be filed m connection with motions briefing (including case(cid:173)
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`dispositive motions).
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`111.
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`Objections to Expert Testimony.
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`To the extent any objection to expert testimony is made pursuant to the
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`principles announced in 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
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`deadline for dispositive motions set forth herein, unless otherwise ordered by the Court. Briefing
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`on such motions is subject to the page limits set out in connection with briefing of case
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`dispositive motions.
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`g.
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`Discovery Matters and Disputes Relating to Protective Orders.
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`1.
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`Any discovery motion filed without first complying with the
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`following procedures will be denied without prejudice to renew pursuant to these procedures.
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`11.
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`Should counsel find, after good faith efforts-including verbal
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`communication among Delaware and Lead Counsel for all parties to the dispute-that they are
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`unable to resolve a discovery matter or a dispute regarding a protective order ( other than that
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`involving the initial drafting of a protective order, which is discussed further below), the parties
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`involved in the discovery matter or protective order dispute shall file a joint letter in substantially
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`the following form:
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`Dear Judge Burke:
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`The parties in the above-referenced matter
`the scheduling of a
`request
`to
`write
`discovery teleconference.
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`The following attorneys, including at least
`one Delaware Counsel and at least one Lead
`Counsel per party, participated in a verbal
`(in person and/or by
`meet-and-confer
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`6
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`telephone) on the following date(s):
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`Delaware Counsel:
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`Lead Counsel: - - -
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`The disputes requiring judicial attention are
`listed below:
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`[provide here a non-argumentative list of
`disputes requiring judicial attention]
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`iii.
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`The moving party (i.e., the party seeking relief from the Court)
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`should also file a "Motion For Teleconference To Resolve Discovery Dispute." The suggested
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`text for this motion can be found in Judge Burke's section of the Court's website, in the "Forms"
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`tab, under the heading "Discovery Matters - Motion to Resolve Discovery Dispute."
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`iv.
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`The Court will thereafter set a discovery dispute telephone
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`conference and a briefing schedule. The movant' s opening letter brief shall include as
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`attachments: (1) a proposed order, attached as an exhibit, setting out the nature of the relief
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`requested of the Court; and (2) to the extent that the dispute relates to responses to certain
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`discovery requests, an attached exhibit ( or exhibits) containing the requests and the responses in
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`dispute. To the extent that factual issues are disputed or are otherwise central to the Court's
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`analysis, the parties shall attach as an exhibit ( or exhibits) to their letter briefs sworn declarations
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`or affidavits regarding those issues. The parties should also consult and follow Judge Burke's
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`"Guidelines for Discovery Disputes," which is found in the "Guidelines" tab on Judge Burke's
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`section of the District Court's website. The parties shall also comply with paragraph 5 regarding
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`the submission of courtesy copies; if they fail to do so, the telephone conference may be
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`cancelled.
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`v.
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`Should the Court find further briefing necessary upon the
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`conclusion of the telephone conference, the Court will order it. Alternatively, the Court may
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`choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the
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`conference.
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`vi.
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`Should counsel find, after good faith efforts-including verbal
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`communication among Delaware and Lead Counsel for all parties to the dispute-that they are
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`unable to resolve a dispute regarding the initial drafting of a protective order, the parties involved
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`in the dispute shall file a joint letter in substantially the following form:
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`Dear Judge Burke:
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`The parties in the above-referenced matter
`the scheduling of a
`request
`to
`write
`teleconference to resolve a protective order
`dispute.
`
`The following attorneys, including at least
`one Delaware Counsel and at least one Lead
`Counsel per party, participated in a verbal
`(in person and/or by
`meet-and-confer
`telephone) on the following date(s):
`
`Delaware Counsel:
`
`Lead Counsel: - - -
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`The disputes requiring judicial attention are
`listed below:
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`[provide here a non-argumentative list of
`disputes requiring judicial attention]
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`v11.
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`The parties shall also file a "Joint Motion For Teleconference To
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`Resolve Protective Order Dispute." The suggested text for this motion can be found in Judge
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`Burke's section of the Court's website, in the "Forms" tab, under the heading "Discovery
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`Matters - Joint Motion to Resolve Protective Order Dispute."
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`viii.
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`The Court will
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`thereafter set a protective order dispute
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`8
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`teleconference and a briefing schedule. Along with their respective letter briefs, each side should
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`include as an attachment the side's proposal as to how the content of the disputed portion(s) of
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`the protective order should read. The parties shall also comply with paragraph 5 regarding the
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`submission of courtesy copies; if they fail to do so, the telephone conference may be cancelled.
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`1x.
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`Should the Court find further briefing necessary upon the
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`conclusion of the telephone conference, the Court will order it. Alternatively, the Court may
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`choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the
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`conference.
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`8.
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`Motions to Amend.
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`a.
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`Any motion to amend a pleading shall NOT be accompanied by an
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`opening brief but shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced
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`pages, describing the basis for the requested relief, and shall attach the proposed amended
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`pleading as well as a "blackline" comparison to the prior pleading.
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`b.
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`Within seven (7) days after the filing of a motion in compliance with this
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`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5)
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`single-spaced pages.
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`c.
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`Within three (3) days thereafter, the moving party may file a reply letter,
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`not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter
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`requesting a teleconference to address the motion to amend.
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`9.
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`Motions to Strike.
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`a.
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`Any motion to strike any pleading or other document or testimony shall
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`NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not to
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`9
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`exceed three (3) single-spaced pages, describing the basis for the requested relief, and shall
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`attach the document to be stricken.
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`b.
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`Within seven (7) days after the filing of a motion in compliance with this
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`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5)
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`single-spaced pages.
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`c.
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`Within three (3) days thereafter, the moving party may file a reply letter,
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`not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter
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`requesting a teleconference to address the motion to strike.
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`10.
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`Motions to Stay.
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`a.
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`Any motion to stay shall NOT be accompanied by an opening brief but
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`shall, instead, be accompanied by a letter, not to exceed three (3) single-spaced pages, describing
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`the basis for the requested relief.
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`b.
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`Within seven (7) days after the filing of a motion in compliance with this
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`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5)
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`single-spaced pages.
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`c.
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`Within three (3) days thereafter, the moving party may file a reply letter,
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`not to exceed two (2) single-spaced pages, and, by this same date, the parties may file a letter
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`requesting a teleconference to address the motion to stay.
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`11.
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`Tutorial Describing the Technology and Matters in Issue. The parties may
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`(though they are not required to) provide the Court, no later than the date on which the Joint
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`Claim Construction Brief is due, with a tutorial on the technology at issue. In this regard, the
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`parties may separately submit a DVD/flash drive containing a tutorial that is not more than 30
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`minutes in length. The tutorial should focus on the technology at issue and should not be used to
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`Topia Exhibit 2005
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`argue claim construction contentions. The parties may choose to file their tutorial(s) under seal,
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`subject to any protective order in effect. Each party may comment, in writing (in no more than 5
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`pages) on the opposing party's tutorial. Any such comment shall be filed no later than seven days
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`after the Joint Claim Construction Brief is due. As to the format selected, the parties should
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`confirm the Court's technical abilities to access the information contained in the tutorial.
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`12.
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`Claim Construction Issue Identification. On February 1, 2023, the parties
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`shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and
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`their proposed claim construction of those term(s)/phrase(s). This document will not be filed
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`with the Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a
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`Joint Claim Construction Chart to be filed with the Court on February 24, 2023. The Joint Claim
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`Construction Chart,
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`in Word format, shall be e-mailed simultaneously with filing
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`to
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`Deborah_Benyo@ded.uscourts.gov. The parties' Joint Claim Construction Chart should identify
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`for the Court the tenn(s)/phrase(s) of the claim(s) in issue, and should include each party's
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`proposed construction of the disputed claim language with citation(s) only to the intrinsic
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`evidence in support of their respective proposed constructions. A copy of the patent(s) at issue
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`as well as those portions of the intrinsic record relied upon shall be submitted with this Joint
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`Claim Construction Chart. In this joint submission, the parties shall not provide argument. Each
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`party shall file concurrently with the Joint Claim Construction Chart a "Motion for Claim
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`Construction" that requests the Court to adopt the claim construction position( s) of that party set
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`forth in the Joint Claim Construction Chart. The motion shall not contain any argument and
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`shall simply state that the party "requests that the Court adopt the claim construction position[ s]
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`of [the party] set forth in the Joint Claim Construction Chart (D.I. [ ])."
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`11
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`13.
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`Claim Construction Briefing. Plaintiff shall serve, but not file, its opening
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`brief, not to exceed 20 pages, on claim construction on or before March 17, 2023 Defendant shall
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`serve, but not file, its answering claim construction brief, not to exceed 30 pages, on or before
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`April 14, 2023. Plaintiff shall serve, but not file, its reply brief, not to exceed 20 pages, on or
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`May 2, 2023. Defendant shall serve, but not file, its sur- reply brief, not to exceed 10 pages, on
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`or before May 19, 2023. No later than May 25, 2023, the parties shall file a Joint Claim
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`Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their
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`positions on each claim term in sequential order, in substantially the form below:
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`I.
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`II.
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`Agreed-upon Constructions
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`Disputed Constructions
`
`A.
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`B.
`
`[TERM 1]
`1.
`Plaintiffs Opening Position
`2.
`Defendant's Answering Position
`3.
`Plaintiffs Reply Position
`4.
`Defendant's Sur-Reply Position
`
`[TERM 2]
`1.
`Plaintiffs Opening Position
`2.
`Defendant's Answering Position
`3.
`Plaintiffs Reply Position
`4.
`Defendant's Sur-Reply Position
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`The parties need not include any general summaries of the law relating to claim construction. If
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`there are any materials that would be submitted in an appendix, the parties shall file them in a
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`joint appendix.
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`14.
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`Hearing on Claim Construction. Beginning at~.m. on June '!:__, 2023, the
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`Court will hear argument on claim construction. The parties shall notify the Court, by joint letter
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`submission, no later than the date on which the Joint Claim Construction Brief is due: (i) whether
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`they request leave to present testimony at the hearing; (ii) the amount of time they are requesting
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`be allocated to them for the hearing; and (iii) the order in which they intend to present the claim
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`terms at issue, including which side will present first for each term. Provided that the parties
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`comply with all portions of this Scheduling Order, and any other orders of the Court, the Court
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`will endeavor to issue its claim construction order within sixty ( 60) days of the conclusion of the
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`claim construction hearing.
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`15.
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`Interim Status Report. On July 7, 2023, counsel shall file a joint letter with the
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`Court with an interim report on the nature of the matters in issue and the progress of discovery to
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`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 among the parties, and approval of the
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`Court, no later than November 1, 2022, the parties must finally supplement, inter alia, the
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`identification of all accused products and of all invalidity references.
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`17.
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`Case Dispositive Motions.
`
`a.
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`All case dispositive motions, an opening brief, and affidavits, if any, in support of
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`the motion shall be served and filed on or before February 8, 2024. Answering Briefs shall be
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`filed by February 29, 2024 and Reply Briefs shall be filed by March 14, 2024.
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`b.
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`No early motions without leave. No case dispositive motion under Rule 56 may
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`be filed more than ten (10) days before the above date without leave of the Court. A party
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`seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth
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`above shall do so by filing a motion and an accompanying letter brief with the Court of no more
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`than four (4) single-spaced pages, explaining the reasons why an earlier-filed motion should be
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`pen11itted. If any party wishes to contest this request, it may do so by filing a responsive letter
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`brief of no more than four ( 4) single-spaced pages, within seven (7) days from the date the
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`requesting party filed its brief. No reply briefs shall be filed.
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`c.
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`Concise Statement of Facts Requirement. Any motion for summary judgment
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`shall be accompanied by a separate concise statement, not to exceed six pages, which details
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`each material fact that the moving party contends is essential for the Court's resolution of the
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`summary judgment motion (not the entire case) and as to which the moving party contends there
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`is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph and
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`shall be supported by specific citation(s) to the record.
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`Any party opposing the motion shall include with its opposing papers a response
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`to the moving party's concise statement, not to exceed six pages, which admits or disputes the
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`facts set forth in the moving party's concise statement on a paragraph-by-paragraph basis. To
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`the extent a fact is disputed, the basis of the dispute shall be supported by specific citation( s) to
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`the record. Failure to respond to a fact presented in the moving party's concise statement of facts
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`shall indicate that fact is not in dispute for purposes of summary judgment. The party opposing
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`the motion may also include with its opposing papers a separate concise statement, not to exceed
`
`four pages, which sets forth material facts as to which the opposing party contends there is a
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`genuine issue to be tried. Each fact asserted by the opposing party shall also be set forth in a
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`separate numbered paragraph and shall be supported by specific citation(s) to the record.
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`d.
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`The moving party shall include with its reply papers a response to the opposing
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`party's concise statement of facts, not to exceed four pages, on a paragraph-by- paragraph basis.
`
`e.
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`Page limits combined with Daubert motion page limits. Each party is permitted to
`
`file as many case dispositive motions as desired; provided, however, that each SIDE will be
`
`limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages for all
`
`answering briefs, and a combined total of 20 pages for all reply briefs regardless of the number
`
`of case dispositive motions that are filed. In the event that a party files, in addition to a case
`
`dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's
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`testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall
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`be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages
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`for all reply briefs for each SIDE. 1
`
`f.
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`Hearing. The Court will hear argument on all pending case dispositive and
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`Daubert motions on April_, 2024 beginning at.!.Li.m.
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`18.
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`Applications by Motion. Except as otherwise specified herein, any application
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`to the Court shall be by written mqtion filed with the Court. Any non-dispositive motion should
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`contain the statement required by Local Rule 7 .1.1.
`Pretrial Conference. On July l
`2024, the Court will hold a pretrial
`' 31J A.m. [The parties should request a date
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`conference in court with counsel beginning at
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`19.
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`approximately two to four weeks prior to their requested trial date.] Unless otherwise ordered by
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`the Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure
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`requirement of Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the
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`joint proposed final pretrial order with the information required by the form of Patent Pretrial
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`Order, which can be found in the "Forms" tab on Judge Burke's section of the Court's website
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`(www.ded.uscourts.gov), on or before July 5
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`, 2024. [The parties should insert a date no
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`less than seven (7) days before the requested pretrial conference date.] Unless otherwise ordered
`
`by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d)(l)-(3)
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`for the preparation of the joint proposed final pretrial order.
`
`As noted in the Patent Pretrial Order, the parties shall include in their joint proposed
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`pretrial order, among other things:
`
`1 The parties must work together to ensure that the Court receives no more than a total of 250
`pages (i.e., 50 + 50 + 25 regarding one side's motions, and 50 + 50 + 25 regarding the other
`side's motions) of briefing on all case dispositive motions and Daubert motions that are covered
`by this scheduling order and any other scheduling order entered in any related case that is
`proceeding on a consolidated or coordinated pretrial schedule.
`
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`a.
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`a request for a specific number of hours for their trial presentations, as
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`well as a requested number of days, based on the assumption that in a typical jury trial day (in
`
`which there is not jury selection, jury instruction, or deliberations), there will be 5 ½ to 6 ½
`
`hours of trial time, and in a typical bench trial day there will be 6 to 7 hours of trial time;
`
`b.
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`their position as to whether the Court should allow objections to efforts to
`
`impeach a witness with prior testimony, including objections based on lack of completeness
`
`and/or lack of inconsistency;
`
`c.
`
`their position as to whether the Court should rule at trial on objections to
`
`expe1i testimony as beyond the scope of prior expert disclosures, taking time from the parties'
`
`trial presentation to argue and decide such objections, or defer ruling on all such objections
`
`unless renewed in writing following trial, subject to the proviso that a party prevailing on such a
`
`post-trial objection will be entitled to have all of its costs associated with a new trial paid for by
`
`the party that elicited the improper expert testimony at the earlier trial; and;
`
`d.
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`their position as to how to make motions for judgment as a matter oflaw,
`
`whether it be immediately at the appropriate point during trial or at a subsequent break, whether
`
`the jury should be in or out of the courtroom, and whether such motions may be supplemented in
`
`writing.
`
`20.
`
`Motions in Limine. Motions in limine shall not be separately filed. All in limine
`
`requests and responses thereto shall be set forth in the proposed pretrial order. Each SIDE shall
`
`be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine
`
`request and any response shall contain the authorities relied upon; each in limine request may be
`
`supported by a maximum of three (3) single-spaced pages of argument and may be opposed by a
`
`maximum of three (3) single-spaced pages of argument, and the party making the in limine
`
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`Case 1:21-cv-01821-CJB Document 24 Filed 05/12/22 Page 17 of 20 PageID #: 247
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`request may add a maximum of one (1) additional single-spaced page in reply in support of its
`
`request. If more than one party is supporting or opposing an in limine request, such support or
`
`opposition shall be combined in a single three (3)-page single-spaced submission (and, if the
`
`moving party, a single one (1)-page single-spaced reply), unless otherwise ordered by the Court.
`
`No separate briefing shall be submitted on in limine requests, unless otherwise permitted by the
`
`Court.
`
`21.
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`Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to
`
`be tried to a jury, pursuant to Local Rules 4 7.1 and 51.1 the parties should file (i) proposed voir
`
`dire, (ii) preliminary jury instrnctions, (iii) final jury instrnctions, and (iv) special verdict forms
`
`three (3) full business days before the final pretrial conference. This submission shall be
`
`accompanied by a courtesy copy containing electronic files of these documents, in Word format,
`
`which may be submitted by e-mail to the trial j