`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`GOTV STREAMING, LLC
`Plaintiff(s),
`
` v.
`NETFLIX, INC.
`
`Defendant(s).
`
`CASE NO:
`2:22−cv−07556−RGK−SHK
`ORDER FOR JURY TRIAL
`Pretrial Conference:
`October 2, 2023 at 09:00 AM
`
`
`Jury Trial Date:Jury Trial Date:y
`
`October 17, 2023 at 09:00 AMOctober 17, 2023 at 09:00 AM
`
`UNLESS OTHERWISE ORDERED BY THE COURT, THE FOLLOWING
`RULES SHALL APPLY:
`
`SCHEDULING
`
`In General
`1.
` All motions to join other parties or to amend the pleadings shall be filed by
`the deadline that the Court established at the Scheduling Conference.
` Motions for summary judgment or partial summary judgment shall be filed as
`soon as practical, however, in no event later than the motion cut-off date.
`2.
`Discovery Cut-Off
` The Court has established a cut-off date for discovery in this action. All
`discovery shall be complete by the discovery cut-off date specified in the
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`Case 2:22-cv-07556-RGK-SHK Document 62 Filed 02/14/23 Page 2 of 8 Page ID #:422
`Scheduling Order. This is not the date by which discovery requests must be
`served; it is thedate by which all discovery is to be completed.
` In an effort to provide further guidance to the parties, the Court notes the
`following:
` a. Depositions
` All depositions shall be scheduled to commence sufficiently in advance of the
`discovery cut-off date to permit their completion and to permit the deposing party
`enough time to bring any discovery motion concerning the deposition prior to the
`cut-off date.
` b. Written Discovery
` All interrogatories, requests for production of documents, and requests for
`admission shall be served sufficiently in advance of the discovery cut-off date to
`permit the discovering party enough time to challenge (via motion practice)
`responses deemed to be deficient.
` c. Discovery Motions
` Whenever possible, the Court expects the parties to resolve discovery
`problems among themselves in a courteous, reasonable and professional manner.
`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 in July, 1995.
` Discovery matters are referred to a United States Magistrate Judge. Any
`motion challenging the adequacy of responses to discovery must be filed
`timely, and served and calendared sufficiently in advance of the discovery
`cut-off date to permit the responses to be obtained before that date, if the
`motion is granted.
` Consistent resort to the Court for guidance in discovery is unnecessary and
`will result in the appointment of a Special Master at the joint expense of the parties
`to resolve discovery disputes.
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`Case 2:22-cv-07556-RGK-SHK Document 62 Filed 02/14/23 Page 3 of 8 Page ID #:423
`3. Mandatory ADR
` Pursuant to Local Rule 16-15, the parties in every case must select an ADR
`settlement procedure. The final meeting with the parties’ settlement officer must
`take place no later than 45 days before the Final Pretrial Conference. Local Rule
`16-15.2.
`
`FINAL PRE-TRIAL CONFERENCE
` This case has been placed on calendar for a Final Pre-Trial Conference
`pursuant to Fed.R.Civ.P. 16 and 26. Unless excused for good cause, each party
`appearing in this action shall be represented at the Final Pre-Trial Conference, and
`all pre-trial meetings of counsel, by the attorney who is to have charge of the
`conduct of the trial on behalf of such party.
` STRICT COMPLIANCE WITH THE REQUIREMENT OF FED.R.CIV.P.
`26 AND LOCAL RULES ARE REQUIRED BY THE COURT. Therefore,
`carefully prepared Memoranda of Contentions of Fact and Law, a Joint Witness
`List, and Joint Exhibit List shall be submitted to the Court. The Joint Witness List
`shall contain a brief statement of the testimony for each witness, what makes the
`testimony unique from any other witness testimony, and the time estimate for
`such testimony. The Joint Exhibit List shall contain any objections to authenticity
`and/or admissibility to the exhibit(s) and the reasons for the objections.
` The Memoranda of Contentions of Fact and Law, Witness List and Exhibit
`List are due twenty-one (21) days before the Final Pre-Trial Conference.
` As for the disclosure of expert witnesses and exchange of written reports, the
`parties must follow Rule 26. In addition, if the parties intend to call expert
`witnesses at trial, they shall file within five (5) days before the Final Pre-Trial
`Conference short narrative statements of the qualifications of each expert and the
`testimony expected to be elicited at trial.
`///
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`Case 2:22-cv-07556-RGK-SHK Document 62 Filed 02/14/23 Page 4 of 8 Page ID #:424
`TRIAL PREPARATION FOR JURY TRIAL
`MOTIONS, INSTRUCTIONS AND EXHIBITS
` THE COURT ORDERS that all counsel comply with the following in their
`preparation for trial:
`1. MOTIONS IN LIMINE:
` All motions in limine must be filed and served a minimum of forty-five (45)
`days prior to the scheduled trial date. Each motion should be separately filed and
`numbered. All opposition documents must be filed and served at least twenty-five
`(25) days prior to the scheduled trial date. All reply documents must be filed and
`served at least ten (10) days prior to the scheduled trial date.
` All motions in limine will be ruled upon on or before the scheduled trial date
`and should not be noticed for motion on any date other than the assigned trial date.
`2. JURY INSTRUCTIONS/SPECIAL VERDICT FORMS
` Thirty-five (35) days before trial, plaintiff shall serve plaintiff's proposed jury
`instructions and special verdict forms on defendant. Twenty-eight (28) days before
`trial, defendant shall serve on plaintiff defendant's objections to plaintiff’s
`instructions together with any additional instructions defendant intends to offer.
`Twenty-one (21) days before trial, plaintiff shall serve on defendant plaintiff’s
`objections to defendant’s instructions. Twenty-one (21) days before trial, counsel
`are ordered to meet and confer to attempt to come to agreement on the proposed
`jury instructions. The parties shall make every attempt to agree upon the jury
`instructions before submitting them to the Court. It is expected that counsel will
`agree on the substantial majority of jury instructions, particularly where patent
`instructions are involved.
`Sixteen (16) days before trial, counsel shall file with the Court a JOINT
`set of jury instructions on which there is agreement. Defendant’s counsel has
`the burden of preparing the joint set of jury instructions. At the same time each
`party shall file its proposed jury instructions which are objected to by any other
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`Case 2:22-cv-07556-RGK-SHK Document 62 Filed 02/14/23 Page 5 of 8 Page ID #:425
`party, accompanied by points and authorities in support of those instructions.
` When the parties disagree on an instruction, the party opposing the instruction
`must attach a short statement (one to two paragraphs) supporting the objection, and
`the party submitting the instruction must attach a short reply supporting the
`instruction. Each statement should be on a separate page and should follow directly
`after the disputed instruction.
` The parties ultimately must submit one document, or if the parties disagree
`over any proposed jury instructions, three documents. The three documents shall
`consist of: (1) a set of Joint Proposed Jury Instructions; (2) Plaintiff’s Disputed Jury
`Instructions; and (3) Defendant's Disputed Jury Instructions. Any disputed Jury
`Instructions shall include the reasons supporting and opposing each disputed
`instruction in the format set forth in the previous paragraph.
` The Court directs counsel to use the instructions from the Manual of Model
`Jury Instructions for the Ninth Circuit where applicable. Where California law is to
`be applied and the above instructions are not applicable, the Court prefers counsel
`to use the California Jury Instructions in either BAJI or CACI. If none of these
`sources is applicable, counsel are directed to use the instructions in Devitt,
`Blackmar and Wolff, Federal Jury Practice and Instructions.
` Modifications of instructions from the foregoing sources (or any other form
`instructions) must specifically state the modification made to the original form
`instruction and the authority supporting the modification.
` Each requested instruction shall be set forth in full; be on a separate page; be
`numbered; cover only one subject or principle of law; not repeat principles of law
`contained in any other requested instructions; and cite the authority for a source of
`the requested instruction. In addition to the foregoing, each party shall file with the
`Courtroom Deputy on the first day of trial a “clean set” of the aforesaid requested
`duplicate jury instructions in the following form:
`Each requested instruction shall be set forth in full; be on a separate page with the
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`Case 2:22-cv-07556-RGK-SHK Document 62 Filed 02/14/23 Page 6 of 8 Page ID #:426
`caption “COURT’S INSTRUCTION NUMBER ”; cover only one subject or
`principle of law; and not repeat principles of law contained in any other requested
`instruction. The “clean set” shall not cite the authority for a source of the requested
`instruction.
` An index page shall accompany all jury instructions submitted to the Court.
`The index page shall indicate the following:
` • the number of the instruction;
` • a brief title of the instruction;
` • the source of the instruction and any relevant case citation; and
` • the page number of the instruction.
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`EXAMPLE:
` NO.
` 5
`
` TITLE
` Evidence for Limited Purpose
`
` SOURCE
` 9th Cir. 1.5
`
` PAGE NO.
`9
`
` During the trial and before argument, the Court will meet with counsel and
`settle the instructions. Strict adherence to time requirements is necessary for the
`Court to examine the submissions in advance so that there will be no delay in
`starting the jury trial. Failure of counsel to strictly follow the provisions of this
`section may subject the non-complying party and/or its attorney to sanctions.
`3. TRIAL EXHIBITS:
` Counsel are to prepare their exhibits for presentation at the trial by placing
`them in binders which are indexed by exhibit number with tabs or dividers on the
`right side. Counsel shall submit to the Court an original and one copy of the
`binders. The exhibits shall be in a three−ring binder labeled on the spine portion
`of the binder as to the volume number and contain an index of each exhibit
`included in the volume. Exhibits must be numbered in accordance with Fed.R.Civ.
`P. 16, 26 and the Local Rules.
` The Exhibit list shall indicate which exhibits are objected to, the reason for
`the objection, and the reason it is admissible. Failure to object will result in a
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`Case 2:22-cv-07556-RGK-SHK Document 62 Filed 02/14/23 Page 7 of 8 Page ID #:427
`waiver of objection.
` The Court requires that the following be submitted to the Courtroom Deputy
`Clerk on the first day of trial:
` • The original exhibits with the Court’s exhibit tags shall be stapled to
` the front of the exhibit on the upper right-hand corner with the case
` number, case name, and exhibit number placed on each tag. Exhibit
` tags can be obtained from the Clerk’s Office, Civil/Criminal Intake
` Windows, Roybal Courthouse.
` • One bench book with a copy of each exhibit for use by the Court,
` tabbed with numbers as described above. (Court’s exhibit tags not
` necessary.)
` • Three (3) copies of exhibit lists.
` • Three (3) copies of witness lists in the order in which the witness may
` be called to testify.
` • Counsel are ordered to submit a short joint statement of the case
`seven (7) days before trial that the Court may read to the
`prospective panel.
` • All counsel are to meet not later than ten (10) days before trial and
` to stipulate so far as is possible as to foundation, waiver of the best
` evidence rule, and to those exhibits which may be received into
` evidence at the start of trial. The exhibits to be so received will be
` noted on the copies of the exhibit lists.
` • Counsel may, but need not, submit brief proposed voir dire questions
` for the jury seven (7) calendar days before the Pretrial Conference.
` The Court will conduct its own voir dire after considering any
` proposed voir dire submitted by counsel.
`///
`///
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`Case 2:22-cv-07556-RGK-SHK Document 62 Filed 02/14/23 Page 8 of 8 Page ID #:428
` • Any items that have not been admitted into evidence and are left in the
` courtroom overnight without prior approval, will be discarded.
`
`DATED: February 14, 2023
`
`Hon. R. Gary Klausner
`United States District Judge
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