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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`IMPINJ, INC.,
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`Plaintiff,
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`v.
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`NXP USA, INC.,
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`Defendant.
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`Case No. 19-cv-3161-YGR
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`PRETRIAL ORDER NO. 2
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`TO ALL PARTIES AND COUNSEL OF RECORD:
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`In further preparation for the upcoming trial, all parties are advised of the following:
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`1. Prospective Jurors: The parties are advised that prospective jurors were sent an electronic
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`questionnaire. The Court will share the results with the parties, hopefully by Friday, June 30,
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`2023. The parties shall meet and confer on whether to stipulate to excuse any jurors and shall
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`advise the Court of the same by noon on Sunday, July 2, 2023. The Court will make its own
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`independent determinations to excuse on hardship grounds.
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`2. In accordance with Model Rule of Professional Conduct 3.5(b) and Formal Opinion for 466,
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`the parties "may review a juror's or potential juror's Internet presence, which may include
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`postings by the juror or potential juror in advance of and during the trial, but . . . may not
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`communicate directly or through another with a juror or potential juror." A party "may not,
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`either personally or through another, send an access request to a juror's electronic social media.
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`An access request is a communication to a juror asking the juror for information that the juror
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`has not made public and that would not be the type of ex parte communication prohibited by
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`Model Rule 3.5(b)." Further, to the extent that a party asks any follow-up questions to a
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`prospective juror during voir dire regarding information obtained from the review, the party
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`Northern District of California
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`United States District Court
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`Case 4:19-cv-03161-YGR Document 382 Filed 06/28/23 Page 2 of 2
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`shall disclose the review to the juror.
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`3. Trial Schedule: The parties are advised that the Court will be dark on Monday, July 10, 2023
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`and should plan accordingly.
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`IT IS SO ORDERED.
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`Dated: 6/28/2023
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`______________________________________
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`YVONNE GONZALEZ ROGERS
`UNITED STATES DISTRICT COURT JUDGE
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`Northern District of California
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`United States District Court
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