Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 1 of 7 Page ID #:233
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`UNILOC 2017 LLC
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`Plaintiff(s),
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` v.
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`NETSUITE, INC.
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`Defendant(s).
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`Case No.: 8:19−cv−01151−JLS−DFM
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`ORDER SETTING SCHEDULING
`CONFERENCE FOR NOVEMBER
`1, 2019 AT 10:30 AM,
`COURTROOM 10-A
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` Judge Staton’s Procedures web page is incorporated in this Order.
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` The parties and counsel are ORDERED to review and comply with those
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`procedures and notices, which may be accessed at:
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` http://www.cacd.uscourts.gov/honorable-josephine-l-staton
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` This case has been assigned to Judge Josephine L. Staton. If plaintiff has
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`not already served the complaint (or any amendment thereto) on all defendants,
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`plaintiff shall promptly do so and shall file proofs of service within three (3) days
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`thereafter. Defendants also shall timely serve and file their responsive pleadings
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`and file proofs of service within three days thereafter.
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`www.cacd.uscourts.gov
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`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 2 of 7 Page ID #:234
` This case is set for a scheduling conference under Federal Rule of Civil
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`Procedure 16(b) on the date and time stated in the caption of this Order, in
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`Courtroom 10A of the Ronald Reagan Federal Building and United States
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`Courthouse, 411 West Fourth Street, Santa Ana, California. Unless excused for
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`good cause shown in advance of scheduling conference, lead counsel shall appear
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`at the scheduling conference at all pretrial hearings fully informed concerning
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`the facts of the case. If the Court determines that a Scheduling Order can be issued
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`based on the Joint Rule 26(f) Report, the scheduling conference will be vacated.
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`Attached to this Order, as Exhibit A, are the Court’s presumptive dates.
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`Parties wishing to deviate from this schedule shall provide the Court with reasons
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`for each suggested change. A Joint Rule 26(f) Report that is filed without a
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`fully completed Exhibit A will be rejected by the Court and may subject the
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`parties to sanctions.
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` Effective January 1, 2018, the Court adopted a procedure in civil cases that
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`defers setting a trial date and an exhibit conference date until the parties appear for
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`the Final Pretrial Conference. The parties are expected to address these issues at
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`the Final Pretrial Conference; therefore, the parties are directed to confer before the
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`Final Pretrial Conference to identify mutually agreeable trial date(s) within the 90
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`days following the Final Pretrial Conference. Where the Court’s trial calendar
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`permits, the Court will set the trial for a date agreed upon by the parties.
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`1. Joint Rule 26(f) Report
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` As provided in Fed. R. Civ. P. 26(f), the parties shall meet at least 21 days
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`before the scheduling conference and file a Joint 26(f) Report (“Report”) no later
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`than 14 days before the date set for the scheduling conference. The Report shall
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`be drafted by plaintiff (unless the parties agree otherwise), but shall be submitted
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`www.cacd.uscourts.gov
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`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 3 of 7 Page ID #:235
`and signed jointly. “Jointly” contemplates a single report, regardless of how many
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`separately represented parties there are.
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` The Report shall discuss the issues described below. Counsel are to ensure
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`that their discussions of these issues fully address the topics identified by Federal
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`Rule of Civil Procedure 26(f)(3)(A)-(F) and Local Rule 26-1(a)-(f).
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`a. Statement of the case: a short synopsis (not to exceed two
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`pages) of the main claims, counterclaims, and affirmative defenses.
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`b. Legal issues: a brief description of the key legal issues,
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`including any unusual substantive, procedural, or evidentiary issues.
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`c. Damages: the realistic range of provable damages.
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`d. Insurance: whether there is insurance coverage, the extent of
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`coverage, and whether there is a reservation of rights.
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`e. Motions: statement of the likelihood of motions seeking to add
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`other parties or claims (see Local Rule 26-1(e)), file amended pleadings, to dismiss
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`for lack of jurisdiction, or to transfer venue.
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`f. Complexity: a discussion regarding the complexity of the case,
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`and whether all or part of the procedures of the Manual for Complex Litigation
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`should be utilized. See Local Rule 26-1(a).
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`g. Status of Discovery: a report regarding the current status of
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`discovery, including whether initial disclosures have been made and a summary
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`of any completed discovery.
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`h. Discovery Plan: The parties must set forth a detailed discovery
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`plan that discusses all the Federal Rule of Civil Procedure 26(f)(3)(A)-(F) topics,
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`including topics related to initial discloses, the anticipated subjects of discovery,
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`the time needed for discovery, issues related to electronically stored information
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`(“ESI”), issues related to privileged materials, whether changes to limitations on
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`discovery should be made, issues related to protective orders, and any other Rule
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`16(b) or 16(c) issues. The parties must propose a discovery cutoff date for the
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`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 4 of 7 Page ID #:236
`completion of fact discovery.
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`i. Expert Discovery: The parties shall discuss the timing of expert
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`disclosures and discovery. See Fed. R. Civ. P. 26(a)(2); Local Rule 26-1(f).
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`j. Dispositive motions: The parties shall set forth a description
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`of the issues or claims that any party believes may be determined by motion for
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`summary judgment or partial summary judgment. See Local Rule 26-1(b).
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`k. Alternative Dispute Resolution (“ADR”) Procedure Selection:
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`The parties must select either ADR Procedure No. 2 (Court Mediation Panel) or
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`ADR Procedure No. 3 (private mediation); ADR Procedure No. 1 (conference with
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`the magistrate judge) may not be selected by the parties. See generally General
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`Order 11-10, § 5.1; Local Rule 26-1(c). For more information about the Court’s
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`ADR Program, please visit the “ADR” section of the Court website,
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`http://www.cacd.uscourts.gov.
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`l. Settlement Efforts: Without disclosing the substance of the
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`communications, the parties shall advise the Court regarding whether they have
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`discussed settlement or had written communications regarding settlement. The
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`parties are advised that no case will proceed to trial unless all parties, including
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`the principals of all corporate parties, have appeared personally at a mediation.
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`m. Preliminary Trial Estimate: The parties must provide a
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`realistic estimate of the time required for trial. See Local Rule 26-1(d). The parties’
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`estimate is for planning purposes only; the Court may allot fewer days for trial.
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`The parties shall specify whether trial will be by jury or to the Court, and each side
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`must specify the number of witnesses it expects to call.
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`n. Trial counsel: the name(s) of the attorney(s) who will try the
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`case.
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`o. Independent Expert or Master: the parties must advise the
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`Court whether this is a case in which a master pursuant to Federal Rule of Civil
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`Procedure 53 or an independent scientific expert should be appointed. The
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`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 5 of 7 Page ID #:237
`appointment of a master may be appropriate if there are likely to be substantial
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`discovery disputes, numerous claims to be construed in connection with a summary
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`judgment motion, a lengthy Daubert hearing, or resolution of a difficult
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`computation of damages.
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`p. Other issues: a statement of any other issues affecting the status
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`or management of the case (e.g., unusually complicated technical or technological
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`issues, disputes over protective orders, extraordinarily voluminous document
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`production, non-English speaking witnesses, discovery in foreign jurisdictions, etc.)
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`and any proposals concerning severance, bifurcation, or other ordering of proof.
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`2. Notice to be Provided by Counsel
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` Plaintiff’s counsel shall provide this Order to any parties who first appear
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`after the date of this Order and to parties who are known to exist but have not yet
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`entered appearances. If plaintiff is appearing pro se, but defendant is represented
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`by counsel, defendant’s counsel shall provide this notice.
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`3. Disclosures to Clients
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` Counsel are ordered to deliver to their respective clients a copy of this Order,
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`the Court’s trial order, and the Scheduling order.
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`4. Class Actions
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` The parties are directed to the portion of Judge Staton’s Procedures web page
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`(http://www.cacd.uscourts.gov/honorable-josephine-l-staton) regarding class action
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`scheduling issues. As explained in further detail on the web page, the parties are
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`directed to discuss class action scheduling issues in their Joint Rule 26(f) Report.
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`5. Utility Patent Cases
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`a. Presumptive Schedule and Exhibit B: In patent cases, the Court
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`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 6 of 7 Page ID #:238
`intends generally to follow the Northern District of California Patent Local Rules.
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`However, the Court’s presumptive schedule differs from that set forth in the
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`Northern District Rules and, where it does, the Court’s presumptive schedule
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`controls. In patent cases, counsel should review, prepare, and attach the Court’s
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`Joint Rule 26(f) Report utility patent-specific Exhibit B (in lieu of the Exhibit A).
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`Exhibit B is available on Judge Staton’s Procedures web page.
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`b. Technology Tutorial: Because the Court may be unfamiliar with
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`the technology underlying many litigated patents, the parties should consider the
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`most efficient and effective manner in which to educate the Court regarding that
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`technology. Counsel must file a joint status report setting forth their proposal(s) no
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`later than 60 days in advance of the claim construction hearing. If the Court deems
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`it appropriate, the Court will schedule an in-Court technology tutorial or make other
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`appropriate orders. Counsel are strongly encouraged to present any educational
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`materials in a manner that is free of advocacy and unencumbered by each side’s
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`respective litigation position(s).
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` The Court thanks the parties and their counsel for their anticipated cooperation
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`in complying with the requirements set forth in this Order.
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` IT IS SO ORDERED.
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`Dated: September 16, 2019
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`Revised: October 1, 2018
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`JOSEPHINE L. STATON
`United States District Judge
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`Case 8:19-cv-01151-JLS-DFM Document 25 Filed 09/16/19 Page 7 of 7 Page ID #:239
`EXHIBIT A
`PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES
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`CASE NAME:
`CASE NO:
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`Matter
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`Deadline
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`Plaintiff(s)
`Request
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`Defendant(s)
`Request
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` Last Day to File Motions to
` Add Parties and Amend
` Pleadings
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`Scheduling
`Conference Date
`plus 60 Days
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` Fact Discovery
` Cut-Off
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` 18 weeks before the
` Final Pretial
`Conference (“FPTC”)
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` Last Day to Serve Initial
` Expert Reports
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` 16 weeks before the
`FPTC
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` Last Day to File Motions
` (except Daubert and all
` other Motions in Limine)
` Last Day to Serve Rebuttal
` Expert Reports
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` 16 weeks before the
`FPTC
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` 12 weeks before the
`FPTC
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` Last Day to Conduct
` Settlement Proceedings
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` 9 weeks before the
`FPTC
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` Expert Discovery Cut-Off
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` Last Day to File Daubert
` Motions
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` 8 weeks before the
`FPTC
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`7 weeks before the
` FPTC
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` Last Day to File Motions
` in Limine (other than
`Daubert Motions)
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`4 weeks before the
`FPTC
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` Final Pre-Trial Conference
`(Friday at 10:30 a.m.)
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`Revised: October 1, 2018
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`www.cacd.uscourts.gov
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