Case 6:21-cv-00569-ADA Document 229 Filed 07/13/23 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`TOUCHSTREAM TECHNOLOGIES,
`INC.
` Plaintiff
`
`-vs-
`
`GOOGLE LLC
` Defendant
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
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`6:21-CV-00569-ADA
`
`
`NOTICE OF TRIAL PROCEDURES
`
`In anticipation of the upcoming jury trial, the Court notifies the parties of the following
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`trial procedures.
`
`I. GENERAL TRIAL PROCEDURES
`
`A. Jury Selection
`
`Jury Selection will begin at 9:00AM, July 17, 2023 in the Waco District Courtroom #2 in
`
`the United States District Court, 800 Franklin, Waco, Texas 76701. Judge Gilliland will conduct
`
`voir dire and hold a pre-voir dire conference as indicated in a separate order.
`
`Seven jurors will be selected for this trial. Each party will have four peremptory strikes.
`
`The Court will provide the parties an opportunity to do a general and individual voir dire at the
`
`Court’s discretion. The Court will provide the parties with a diagram of the room that identifies
`
`the jurors and their seat assignments.
`
`B. Trial
`
`Trial will begin at 1:30 PM, July 17, 2023, in Courtroom #1 in the United States District
`
`Court, 800 Franklin, Waco, Texas 76701. The parties shall jointly provide notebooks to the
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`TOUCHSTREAM TECHNOLOGIES,
`INC.
` Plaintiff
`
`-vs-
`
`GOOGLE LLC
` Defendant
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`6:21-CV-00569-ADA
`
`
`NOTICE OF TRIAL PROCEDURES
`
`In anticipation of the upcoming jury trial, the Court notifies the parties of the following
`
`trial procedures.
`
`I. GENERAL TRIAL PROCEDURES
`
`A. Jury Selection
`
`Jury Selection will begin at 9:00AM, July 17, 2023 in the Waco District Courtroom #2 in
`
`the United States District Court, 800 Franklin, Waco, Texas 76701. Judge Gilliland will conduct
`
`voir dire and hold a pre-voir dire conference as indicated in a separate order.
`
`Seven jurors will be selected for this trial. Each party will have four peremptory strikes.
`
`The Court will provide the parties an opportunity to do a general and individual voir dire at the
`
`Court’s discretion. The Court will provide the parties with a diagram of the room that identifies
`
`the jurors and their seat assignments.
`
`B. Trial
`
`Trial will begin at 1:30 PM, July 17, 2023, in Courtroom #1 in the United States District
`
`Court, 800 Franklin, Waco, Texas 76701. The parties shall jointly provide notebooks to the
`
`
`
`Case 6:21-cv-00569-ADA Document 229 Filed 07/13/23 Page 2 of 4
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`jurors on the first day of trial before the trial begins. The notebooks shall be provided to a Court
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`staff, who will deliver the notebooks to the jurors.
`
`Each party will have 12 hours of trial time. Each party’s first 30 minutes of opening
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`arguments and first 30 minutes of closing arguments will not be counted towards the party’s
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`allocated trial time. A party may not reserve trial time for closing—30 minutes is the limit. Trial
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`should be complete on Friday (five days) and may require earlier start and later end times each
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`day, as the Court deems necessary.
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`There will be no bench conferences in the presence of the jury during trial. If necessary,
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`the Court may take a short recess from the trial to conduct any bench conferences and resolve
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`any issues in the absence of the jury. If a party raises a dispute for the Court to resolve outside
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`the presence of the jury, that time will count towards the party against whom the Court resolves
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`such issue.
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`The parties shall use electronic exhibits for any exhibit displayed and/or given to the jury,
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`unless providing or displaying an exhibit electronically is impractical or restricted under the
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`protective order. For the sake of clarity, any witness, counsel, staff, and the Court may each have
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`his or her own set of physical exhibits. However, physical exhibits will not be passed to the jury
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`absent approval by the Court.
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`C. Audio Access for the Public
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`Although seating will remain available to the public in the courtroom, a webinar feed will
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`be made available to the public. The public is permitted to listen to the trial proceedings by
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`telephone. Recording of the proceedings in any way is not permitted. Any individuals who are
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`interested in observing the trial by telephone may use the following information to observe the
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`trial proceeding:
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`
`
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`Case 6:21-cv-00569-ADA Document 229 Filed 07/13/23 Page 3 of 4
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`One tap mobile :
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` +16692545252,,1618390935#,,,,*511833# or +16469641167,,1618390935#,,,,*511833#
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`Or Telephone:
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` Dial(for higher quality, dial a number based on your current location):
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`+1 669 254 5252 or +1 646 964 1167 or +1 646 828 7666 or +1 415 449 4000 or +1 551
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`285 1373 or +1 669 216 1590
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`Webinar ID: 161 839 0935
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`Passcode: 511833
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` International numbers available: https://txwd-uscourts.zoomgov.com/u/aeobiu6Pmc
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`D. Video Access for Party-Affiliated Individuals
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`A live video feed of the trial proceedings will be provided to party-affiliated individuals
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`to accommodate any party-affiliated individuals who choose to observe the trials remotely and
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`any witnesses who choose to testify remotely. This live feed may be accessed by the following
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`party-affiliated individuals outside of the Courthouse:
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`a)
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`The parties’ outside counsel, staff, and consultants;
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`b) The parties’ in-house counsel disclosed under the Protective Order;
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`c) Witnesses on either party’s witness list to the extent permitted under the Protective
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`Order and Pre-trial Order. A fact witness (other than a designated corporate
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`representative) may not observe the testimony of other witnesses until after that
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`witness has completed his/her testimony and has been excused by the Court. Expert
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`witnesses and corporate representatives may observe the testimony of other
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`witnesses before they testify—although corporate representatives may be precluded
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`from observing certain sealed testimony because of confidentiality reasons.
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`
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`Case 6:21-cv-00569-ADA Document 229 Filed 07/13/23 Page 4 of 4
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`If any witness of either party chooses to testify remotely during the trial, the party shall
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`work with the Court’s IT staff to make any arrangement such that the witness can testify
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`remotely using the Court’s Zoom platform.
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`E. Remote Participation Decorum
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`Remote trial participants and observers should silence electronic devices other than the
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`devices necessary to their remote participation, close unnecessary computer programs or
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`applications (such as email or calendar notifications), and take steps to remove or minimize
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`anything in their remote workspace that might distract from the integrity of the proceedings.
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`Remote participants and observers who will not be testifying or presenting matters during the
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`proceedings shall mute their microphones and deactivate their cameras. Participants and
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`observers using multiple devices in a single workspace to access the trial should avoid audio
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`feedback issues by using the microphone and speakers on only one device at a time, or by using
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`headphones.
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`The Court requires all remote participants to do their best to maintain professionalism in
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`order to conduct a fair and efficient trial. Anyone appearing virtually shall dress in the same
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`manner as they would if they physically appeared in the courtroom. If party members, members
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`of the press, or members of the public become disruptive, the Court may further restrict who is
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`able to view the trial. Remote trial participants and observers should conduct themselves in the
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`same way they would if they were physically present in the courtroom.
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`IT IS SO ORDERED.
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`SIGNED this 13th day of July, 2023.
`
`
`
` ALAN D ALBRIGHT
` UNITED STATES DISTRICT JUDGE
`
`
`
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