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`Case 3:22-cv-00412-RSH-DDL Document 72 Filed 10/23/24 PageID.1435 Page 1 of 6
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`SAMESURF, INC.,
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`v.
`INTUIT, INC.,
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`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
` Case No.: 22-cv-412-RSH-DDL
`
`SECOND CASE MANAGEMENT
`ORDER REGULATING
`DISCOVERY AND OTHER
`PRETRIAL PROCEEDINGS IN A
`PATENT CASE
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`Defendant.
`
`Plaintiff,
`
`The Court held a Status Conference in this matter on October 23, 2024. For the
`reasons discussed on the record, and good cause appearing, the Court enters the following
`Case Management Order.
`On or before December 5, 2024, each party opposing a claim of infringement
`1.
`shall serve Invalidity Contentions pursuant to Patent LR 3.3 and produce documents as
`required by Patent LR 3.4.
`On or before December 19, 2024, the parties shall exchange Preliminary
`2.
`Claim Constructions pursuant to Patent LR 4.1(a) and identify extrinsic evidence as
`required by Patent LR 4.1(b).
`On or before January 6, 2025, the parties shall exchange Responsive Claim
`3.
`Constructions pursuant to Patent LR 4.1(c) and identify extrinsic evidence as required by
`Patent LR 4.1(d).
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`Case 3:22-cv-00412-RSH-DDL Document 72 Filed 10/23/24 PageID.1436 Page 2 of 6
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`Counsel for the parties shall appear for a Status Conference before the
`4.
`Honorable David D. Leshner on January 15, 2025 at 10:00 a.m. by Zoom. Instructions
`for appearances will follow by separate order.
`On or before January 20, 2025, parties shall complete and file a Joint Claim
`5.
`Construction Chart, Joint Claim Construction Worksheet, and Joint Hearing Statement
`pursuant to Patent LR 4.2.
`The deadline for filing, as of right, Amended Infringement Contentions by a
`6.
`party claiming infringement is January 20, 2025. See Patent LR 3.6(a).
`All discovery intended for use in the Claim Construction Hearing must be
`7.
`completed by February 10, 2025. See Patent LR 4.3.
`The deadline for filing, as of right, Amended Invalidity Contentions by the
`8.
`party opposing infringement is February 10, 2025. See Patent LR 3.6(b)
`On or before February 24, 2025, the parties must file simultaneously their
`9.
`Opening Claim Construction Briefs. See Patent LR 4.4(a).
`10. On or before March 10, 2025, the parties must file simultaneously their
`Responsive Claim Construction Briefs. See Patent LR 4.4(b).
`11. The Claim Construction and tutorial hearing will be held April 17, 2025, at
`1:30 p.m. before the Honorable Robert S. Huie. See Patent LR 4.5.
`12. Not later than thirty (30) days after the filing of the Claim Construction Order,
`any party relying upon advice of counsel as part of a patent-related claim or defense for
`any reason must make the disclosures required by Patent LR 3.7
`13. A party asserting infringement must serve final amended infringement
`contentions, within the meaning of Patent LR 3.6(a)(1), not later than thirty (30) days after
`service of the Court’s Claim Construction Ruling.
`14. A party opposing a claim of infringement must serve final amended invalidity
`contentions, within the meaning of Patent LR 3.6(b)(2), not later than fifty (50) days after
`service of the Court’s Claim Construction ruling.
`/ / /
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`Case 3:22-cv-00412-RSH-DDL Document 72 Filed 10/23/24 PageID.1437 Page 3 of 6
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`15. All written discovery requests shall be served by all parties by May 9, 2025.
`Pursuant to the Court’s June 5, 2023 Order [Dkt. No. 47], Plaintiff must seek leave to serve
`additional interrogatories.
`16. The initial date for the substantial completion of document discovery
`including electronically stored information (“ESI”) is June 6, 2025. See Patent LR
`2.1(a)(1).
`17. All fact discovery shall be completed by all parties on or before July 18, 2025.
`All disputes concerning discovery shall be brought the attention of the Magistrate Judge in
`accordance with the procedures and time frames set forth in the Magistrate Judge’s
`Chambers Rules. Counsel are required to meet and confer regarding all discovery disputes
`pursuant to the requirements of Civil Local Rule (“CivLR”) 26.1(a).
`18. A Mandatory Settlement Conference shall be conducted on July 31, 2025, at
`2:00 p.m. before the Honorable David D. Leshner. The parties must comply with Judge
`Leshner’s Mandatory Settlement Conference Procedures, which are available on the
`Court’s website.
`19. All expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)
`shall be served on all parties on or before August 15, 2025. Any contradictory or rebuttal
`disclosures within the meaning of Federal Rule of Civil Procedure 26(a)(2)(D)(ii) shall be
`disclosed on or before September 15, 2025. Unless otherwise stipulated by the parties,
`the required expert disclosures shall include an expert report as required by Federal Rule
`of Civil Procedure 26(a)(2)(B). If a written report is not required, the disclosure must
`provide the information required under Federal Rule of Civil Procedure 26(a)(2)(c).
`20. All expert discovery shall be completed by all parties on or before October
`17, 2025. The provisions stated in paragraph 17 above apply equally to expert discovery
`and any disputes regarding the same.
`21. All other dispositive motions, including those addressing Daubert issues, shall
`be FILED on or before November 3, 2025. Please be advised that counsel for the moving
`party must obtain a motion hearing date from the law clerk of the judge who will hear the
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`Case 3:22-cv-00412-RSH-DDL Document 72 Filed 10/23/24 PageID.1438 Page 4 of 6
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`motion. Failure of counsel to timely request a motion date may result in the motion not
`being heard. Motions in Limine are to be filed as directed in the Local Rules, or as
`otherwise set by the Honorable Robert S. Huie.
`22. Briefs or memoranda in support of or in opposition to any pending motion
`shall not exceed twenty-five (25) pages in length without permission of the judge or
`magistrate judge who will hear the motion. No reply memorandum shall exceed ten (10)
`pages without leave of the judge or magistrate judge who will hear the motion.
`In order to identify the claims to be tried and eliminate delay and surprise at
`23.
`trial, the Court enters the following pretrial order pursuant to Federal Rule of Civil
`Procedure 16.
`24. The parties’ Memoranda of Law and Contentions of Fact Parties pursuant to
`CivLR 16.1(f)(2)(a) must be filed on or before February 12, 2026.
`25. All parties or their counsel shall fully comply with the Pretrial Disclosure
`requirements of Federal Rule of Civil Procedure 26(a)(3) on or before February 19, 2026.
`Failure to comply with these disclosures requirements could result in evidence preclusion
`or other sanctions under Federal Rule of Civil Procedure 37.
`26. Pursuant to CivLR 16.1(f)(4), on or before February 26, 2026, the parties
`shall meet and confer to comply with the provisions of that section and prepare a proposed
`pretrial order in accordance with CivLR Rule 16.1(f)(6)(c), and containing the following:
`A joint neutral statement to be read to the jury, not in excess of one
`a.
`page, of the nature of the case and the claims and defenses.
`A list of the causes of action to be tried, referenced to the Complaint
`b.
`[and Counterclaim if applicable]. For each cause of action, the order shall succinctly list
`the elements of the claim, damages and any defenses. A cause of action in the Complaint
`[and/or Counterclaim] which is not listed shall be dismissed with prejudice.
`A list, in alphabetical order, of:
`c.
`Each witness counsel actually expect to call at trial with a brief
`i.
`statement, not exceeding four sentences, of the substance of the
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`Case 3:22-cv-00412-RSH-DDL Document 72 Filed 10/23/24 PageID.1439 Page 5 of 6
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`ii.
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`iii.
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`d.
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`ii.
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`witnesses’ testimony.
`Each expert witness counsel actually expect to call at trial with a
`brief statement, not exceeding four sentences, of the substance of
`the expert witnesses’ testimony.
`Additional witnesses, including experts, counsel do not expect to
`call at this time but reserve the right to call at trial along with a
`brief statement, not exceeding four sentences, of the substance of
`the witnesses’ testimony.
`A list of:
`All exhibits that counsel actually expect to offer at trial with a
`i.
`one-sentence description of the exhibit. All exhibits are to be
`identified numerically, plaintiff starting with “1” and defendant
`beginning with an agreed upon numerical designation.
`All other exhibits that counsel do not expect to offer at this time
`but reserve the right to offer if necessary at trial with a one-
`sentence description of the exhibit.
`A statement of all facts to which the parties stipulate. This statement
`e.
`shall be on a separate page and will be read to and provided to the jury.
`A list of all deposition transcripts by page and line, or videotape
`f.
`depositions by section, that will be offered at trial.
`Counsel will note any objections they have to any other parties’ pretrial
`g.
`disclosures pursuant to Federal Rule of Civil Procedure 26 (a)(3).
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`The Court encourages the parties to consult with the assigned magistrate judge to
`work out any problems in preparation of the proposed pretrial order. The Honorable
`Robert S. Huie will entertain any questions concerning the conduct of the trial at the
`pretrial conference.
`27. Counsel for plaintiff will be responsible for preparing the pretrial order and
`arranging the meetings of counsel pursuant to CivLR 16.1(f)(6)(a). On or before March
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`Case 3:22-cv-00412-RSH-DDL Document 72 Filed 10/23/24 PageID.1440 Page 6 of 6
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`5, 2026, plaintiff’s counsel must provide opposing counsel with the proposed pretrial order
`for review and approval. Opposing counsel must communicate promptly with plaintiff’s
`attorney concerning any objections to form or content of the pretrial order, and both parties
`should attempt promptly to resolve their differences, if any, concerning the order.
`28. The proposed final pretrial conference order, including objections counsel
`have to any other party’s Federal Rule of Civil Procedure 26(a)(3) Pretrial Disclosures shall
`be prepared, served and lodged with Judge Robert S. Huie’s chambers on or before
`March 12, 2026, and shall be in the form prescribed in and in compliance with CivLR
`16.1(f)(6)(c). Counsel shall also bring a court copy of the pretrial order to the pretrial
`conference.
`29. The final pretrial conference shall be held before the Honorable Robert S.
`Huie on March 19, 2026 at 1:30 p.m., during which time the Court will address the
`submission of motions in limine, trial briefs, proposed voir dire and jury instructions and
`the trial schedule.
`30. The dates and times set forth herein will not be modified except for good cause
`shown.
`31. Plaintiff’s counsel shall serve a copy of this order on all parties that enter this
`case hereafter.
`IT IS SO ORDERED.
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`Dated: October 23, 2024
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`Hon. David D. Leshner
`United States Magistrate Judge
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