Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 1 of 12 Page ID #:552
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`SOUTHERN DIVISION
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`SPEAKWARE, INC.
`
`0
`
`Plaintiff(s),
`
` vs.
`
`MICROSOFT CORPORATION
`
`Defendant(s).
`
`Case
`No.: 8:18−cv−01293−DOC−DFM
`
`SCHEDULING ORDER & ORDER
`RE: PRETRIAL AND TRIAL
`PROCEDURES
`
`Fact Discovery Cut-Off:
`
`November 15, 2019
`
`Motion Cut-Off:
`
`April 27, 2020 at 08:30 AM
`
`Final Pretrial Conference:
`
`June 22, 2020 at 08:30 AM
`
`Trial:
`
`July 14, 2020 at 08:30 AM
`
` This Scheduling Order governs the course of all pretrial and trial proceedings
`
`in this case. For further guidance, consult the Federal Rules of Civil Procedure
`
`and the Local Rules.
`
`\\\
`
` −1−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 2 of 12 Page ID #:553
` I. Court Appearances
`
` Parties shall be represented at all court appearances by lead counsel, the
`
`counsel expected to be in charge of conducting trial on behalf of the parties. The
`
`parties (or counsel) must appear in person for hearings and conferences before
`
`the Court. The Court does not permit telephonic appearances.
`
` Under no circumstances should counsel, or a party if the party is appearing
`
`pro se, fail to appear at a court appearance unless their appearance has been waived
`
`by prior order of the Court. Even if the parties have reached a settlement, counsel
`
`for all parties, or the party if appearing pro se, must appear at court appearances
`
`0
`
`until a stipulation of dismissal signed by all parties has been lodged with the Court.
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`II. Settlement
`
` If the parties have agreed to appear before a neutral selected from the Court’s
`
`Mediation Panel (ADR Procedure No. 2) or to participate in private mediation
`
`(ADR Procedure No. 3), the parties shall notify the Court of the name and contact
`
`information of the mediator within twenty-one (21) days of this Order if they have
`
`not already done so in their Rule 26(f) report.
`
` If settlement is reached at any time in this litigation, the parties shall
`
`immediately notify the Court by telephone, email, or by filing a notice of settlement.
`
`Local Rule 40-2. The Court’s Courtroom Deputy Clerk can be reached at (714) 338-
`
`4543. The Court’s email address is DOC_Chambers@cacd.uscourts.gov.
`
`III. Joinder of Parties and Amendment of Pleadings
`
` All motions to join other parties (including Doe or Roe defendants) or to
`
`amend the pleadings shall be filed and served within sixty (60) days of the date
`
`of this Order and noticed for hearing within ninety (90) days of this Order.
`
`IV. Discovery Cut-Off
`
` The Court has established a cut-off date for discovery in this action. All
`
`discovery is to be completed on, or prior to, the cut-off date. Plan now to complete
`
`discovery on the schedule set; a continuance is unlikely. Accordingly, the
`
` −2−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 3 of 12 Page ID #:554
`following discovery schedule shall apply in this Court:
`
`1 2 3 4 5 6 7 8 9 1
`
` (1) Depositions: All depositions shall be scheduled to commence at least
`
` five (5) working days prior to the discovery cut-off date. A deposition
`
` which commences five (5) days prior to the discovery cut-off date
`
` may continue beyond the cut-off date, as necessary.
`
` (2) Written Discovery: All interrogatories, requests for production of
`
` documents, and requests for admissions shall be served at least forty-
`
` five (45) days before the discovery cut-off date. The Court will not
`
` approve stipulations between counsel that permit responses to be
`
`0
`
` served after the cut-off date except in unusual circumstances and upon
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
` a showing of good cause.
`
` (3) Discovery Motions: Any motion regarding the inadequacy of responses
`
` to discovery must be filed and served no later than five (5) days after
`
` the discovery cut-off date. Routine discovery motions will be referred
`
` to the magistrate judge assigned to the case. Whenever possible, the
`
` Court expects counsel to resolve discovery disputes among themselves
`
` in a courteous, reasonable, and professional manner. Repeated resort to
`
` the Court for guidance in discovery is unnecessary and may result in
`
` the Court appointing a Special Master at the joint expense of the parties
`
` to resolve discovery disputes. 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.
`
` (4) Disclosure of Expert Testimony: The above discovery cut-off date
`
` includes expert discovery, unless otherwise ordered by the Court, and the
`
` Court orders the sequence of disclosures as provided by Fed. R. Civ.
`
` Proc. 26(a)(2)(D), unless the parties otherwise stipulate in writing
`
` and obtain the Court’s approval.
`
`\\\
`
` −3−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 4 of 12 Page ID #:555
`V. Protective Orders and Under Seal Filings
`
` All protective orders are to be noticed before the magistrate judge assigned
`
`to your case, unless otherwise ordered by Court.
`
` Stipulated Protective orders or confidentiality orders generally do not control
`
`under seal filings. Applications for under seal filings must state with specificity the
`
`basis for protection and should not rely exclusively on the existence of a protective
`
`order. See Judge Carter’s Initial Standing Order for more information.
`
`VI. Motions Generally
`
` Counsel should note the timing and service requirements of Local Rules 6
`
`0
`
`and 7 and its subparts including:
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
` (1) Rule 6-1: Notice of motion and the moving papers must be filed
`
` and served twenty-eight (28) days before the noticed hearing date,
`
` unless the notice is served by mail, in which case service is required
`
` thirty-one (31) days prior to the noticed hearing date;
`
` (2) Rule 7-9: Opposing papers shall be filed twenty-one (21) calendar
`
` days before the hearing date; and
`
` (3) Rule 7-10: Reply papers, if any, shall be filed fourteen (14) calendar
`
` days before the hearing date.
`
` (4) Rule 7-11: If the hearing date is continued, the deadlines for filing
`
` opposing and reply papers are automatically extended unless the
`
` Court orders otherwise.
`
` Counsel must comply with the timing requirements of the Local Rules so that
`
`chambers can properly prepare for motion matters.
`
`VII. Motions for Summary Judgment
`
` The motion cut-off date is the day that the Court will hear motions for
`
`summary judgment. Thus, motions must be filed several weeks in advance of this
`
`date as required by Local Rule 6.
`
` In general, the Court will hear only one motion for summary judgment per
`
` −4−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 5 of 12 Page ID #:556
`party. Cross motions for summary judgment will all be heard on the same day,
`
`after the close of discovery. In other words, the Court will not entertain piecemeal
`
`motions for partial summary judgment before the factual record is complete.
`
` All motions (except motions in limine dealing with admissibility of
`
`evidence) must be disposed of before the Final Pretrial Conference.
`
`A. Moving Party’s Statement of Uncontroverted Facts and
`
` Conclusions of Law
`
` The uncontroverted facts shall be set forth in a two column format. The left
`
`hand column shall set forth the allegedly undisputed fact. The right hand column
`
`0
`
`shall set forth the evidence that supports the factual statement. The fact statements
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`shall be set forth in sequentially numbered rows. Each cell should contain a
`
`narrowly focused statement of fact, and address a single subject in as concise a
`
`manner as possible.
`
`SUF Example
`
` Evidence
` SUF #/ Undisputed Fact
` (citations to supporting evidence)
` #1 (Moving party’s first undisputed fact)
` #2 (Moving party’s second undisputed fact) (citations to supporting evidence)
`
`B. Opposing Party’s Statement of Genuine Disputes of
`
`Material Fact
`
` The first part of the opposing party’s Statement of Genuine Disputes shall
`
`track the moving party’s Statement of Uncontroverted Facts. It shall be set forth
`
`in a two column format. The left hand column shall restate the allegedly undisputed
`
`fact and supporting evidence, and the right hand column shall state either that the
`
`fact is undisputed or disputed. The opposing party may dispute all or only a portion
`
`of the allegedly undisputed fact, but if disputing only a portion, the opposing party
`
`must specify clearly what portion is being disputed.
`
` To demonstrate that a fact is disputed, the opposing party shall briefly state
`
`why it disputes the moving party’s allegedly undisputed fact, cite to the relevant
`
` −5−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 6 of 12 Page ID #:557
`exhibit or other evidence controverting the allegedly undisputed fact, and describe
`
`what it is in that exhibit or evidence that controverts the allegedly undisputed fact.
`
` If the opposing party objects to the evidence supporting an allegedly undis-
`
`puted fact, the party shall state in the right hand column the presence of that
`
`objection, by simply stating “Evidentiary Objection.” The specific grounds of
`
`each objection should be included in a separate table.
`
` No legal argument shall be set forth in this document.
`
` The opposing party may also specify additional material facts that bear on
`
`or relate to the issues raised by the moving party, which shall follow the same
`
`0
`
`two column format described above for the moving party’s Statement of
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Uncontroverted Facts. These additional facts shall continue in sequentially
`
`numbered paragraphs (i.e., if the moving party’s last allegedly undisputed fact
`
`was set forth as ¶ 30, then the first new allegedly undisputed fact specified by
`
`the opposing party shall be set forth as ¶ 31).
`
` The moving party, in its reply, shall respond to the additional allegedly
`
`undisputed facts in the same manner and format that the opposing party is
`
`required to adhere to in responding to the moving party’s Statement of
`
`Uncontroverted Facts, as described above.
`SGD Example
`
` SUF # / Moving Party’s Undisputed
`
` Reply
`
` Fact/Evidence
` #1 (Moving party’s first undisputed fact)
`
` (moving party’s citations to supporting
` evidence)
`
` #2 (Moving party’s second undisputed fact)
`
` (moving party’s citations to supporting
` evidence)
`
` State whether the moving party’s
` fact is disputed or undisputed.
`
` (citations to supporting evidence)
`
` (note if there is an evidentiary
` objection)
` State whether the moving party’s
` fact is disputed or undisputed.
`
` (citations to supporting evidence)
`
` (note if there is an evidentiary
` objection)
`
` −6−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 7 of 12 Page ID #:558
`C. Supporting Evidence
`
` Evidence in support of or in opposition to a motion shall be presented to the
`
`Court in a way that makes it easy for the Court to find cited evidence. For instance,
`
`the parties should make generous use of tabs and indices for hard copies of
`
`exhibits. The parties should highlight the testimony or portions of exhibits on
`
`which they are relying.
`
` If a deposition is cited extensively, the parties should lodge a copy of the
`
`deposition transcript with the Court.
`
`D. Objections to Evidence
`
`0
`
` If a party disputes a fact based in whole or in part on an evidentiary objection,
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`the party should file a separate document entitled “Objections to Evidence Offered
`
`in Support of [Party’s] [Motion/Opposition].” The Objections to Evidence should be
`
`filed in conjunction with the opposition or reply brief of the party. The document
`
`should be organized to track the row numbers of the other party’s separate statement
`
`in sequence. It should identify the specific item of evidence to which objection is
`
`made, the ground of the objection, and a very brief argument with citation to
`
`authority as to why the objection is well taken.
`
`Evidentiary Objections Example 1
`
`Moving Parties Undisputed Fact/Evidence
`#1 (Moving party’s first undisputed fact)
`
`Evidentiary Objection
`Objection to the supporting
`
`deposition transcript of Jane Smith
`
`at 60:1-10 on the ground that the
`
`statement constitutes inadmissible
`
`hearsay and no exception is
`
`applicable. To the extent that the
`
`statement is offered to prove her
`
`state of mind, it is irrelevant since
`
`her state of mind is not in issue.
`
`Fed. R. Evid. 801, 802.
`
` Jane Smith Dep. 60:1−10; Lee Decl. Ex. E
`
` (Disclosure Agreement § 2)
`
` −7−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 8 of 12 Page ID #:559
` Alternately, if the evidentiary objection(s) is/are particularly lengthy (over
`
`1 2 3 4 5 6 7 8 9 1
`
`100 words), the party may lodge its objections in a standard memo-format.
`
`However, this memorandum must specifically cite the SUF number.
`
`Evidentiary Objections Example 2
`
` Statement of Uncontroverted Facts #3: Objection to the supporting
`
` deposition transcript of Jane Smith at 60:1-10 on the ground that the
`
` statement constitutes inadmissible hearsay and no exception is applicable.
`
` [Lengthy legal argument]
`
`0
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
` To the extent that the statement is offered to prove her state of mind, it is
`
` irrelevant since her state of mind is not in issue. Fed. R. Evid. 801, 802.
`
`E. Filing Statements of Fact
`
` In addition to filing statements of fact, the Parties should email the Statement
`
`of Uncontroverted Facts and Statement of Genuine Disputes in Word or
`
`Excel format to DOC_Chambers@cacd.uscourts.gov.
`
`VIII. Final Pretrial Conference
`
` A Final Pretrial Conference (“FPTC”) has been scheduled in this case
`
`pursuant to Federal Rule of Civil Procedure 16 and the Local Rules. Unless
`
`excused for good cause, each party appearing in this action shall be represented
`
`at the FPTC and all pretrial meetings of counsel by lead counsel.
`
` A continuance of the Final Pretrial Conference at counsel’s request or
`
`stipulation is highly unlikely. Counsel should plan to do the necessary pretrial
`
`work on a schedule which will ensure its completion with time to spare before the
`
`Final Pretrial Conference. Failure to complete discovery work is not grounds for
`
`a continuance. The Court has a crowded docket and to displace another case
`
`already set for trial in favor of a case in which counsel have not been diligent in
`
`preparing their case would not be just.
`
` −8−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 9 of 12 Page ID #:560
`A. Memoranda of Contentions of Fact and Law and Final
`
`Pretrial Conference Order
`
` Compliance with the requirements of Local Rule 16 is required by the Court.
`
`Carefully prepared Memoranda of Contentions of Fact and Law (which may also
`
`serve as the trial brief) and a proposed Final Pretrial Conference Order (“FPTCO”)
`
`shall be submitted in accordance with the provisions of Local Rules 16-4 through
`
`16-7. The Memoranda of Contentions of Fact and Law are due twenty-one (21)
`
`days before the FPTC and the proposed FPTCO is to be lodged eleven (11) days
`
`before the FPTC. The form of the proposed Final Pretrial Conference Order shall
`
`0
`
`be in conformity with the format set forth in Appendix A to Local Rules. Adherence
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`to the time requirements is necessary to provide the Court and its staff time to
`
`prepare the matter.
`
` In drafting the FPTCO, the Court expects that counsel will attempt to agree on
`
`and set forth as many uncontested facts as possible. The Court will normally
`
`read the uncontested facts to the jury at the start of the trial. A carefully drafted
`
`and comprehensively stated stipulation of facts will reduce the length of trial and
`
`increase jury understanding of the case.
`
` At the FPTC, counsel should be prepared to discuss means of streamlining
`
`the trial, including, but not limited to: bifurcation, presentation of non-critical
`
`testimony by deposition excerpts, stipulations as to the content of testimony,
`
`presentation of testimony on direct examination by declaration subject to cross-
`
`examination, and qualification of experts by admitted resumes. In rare cases in
`
`which the Court waives the FPTC, counsel must follow Local Rules 16-11.
`
`B. Motions in Limine
`
` All motions in limine must be filed eleven (11) days prior to the FPTC.
`
`Oppositions to motions in limine must be filed no later than seven (7) days prior
`
`to the FPTC. Motions in limine will typically be heard at the FPTC.
`
`\\\
`
` −9−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 10 of 12 Page ID #:561
`IX. Trial
`
`1 2 3 4 5 6 7 8 9 1
`
` Parties should note that the Court may advance the trial date by up to two
`
`weeks.
`
`A. Statement of the Case (Jury Trials)
`
` At least seven (7) days prior to trial, the parties shall prepare a joint statement
`
`of the case which will be read by the Court to the prospective panel of jurors
`
`prior to the commencement of voir dire. The statement should typically be a
`
`few sentences in length.
`
`B. Voir Dire (Jury Trials)
`
`0
`
` At least seven (7) days prior to trial, each party shall file and serve on
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`opposing parties any special questions requested to be put to prospective jurors
`
`on voir dire.
`
`C. Proposed Jury Instructions (Jury Trials)
`
` Proposed jury instructions must be filed seven (7) days prior to trial, in
`
`accordance with Local Rule 51. Parties should cite relevant authorities for each
`
`instruction, e.g., CACI, Ninth Cir. Model Jury Instructions. The parties should
`
`exchange proposed jury instructions and agree as much as possible on the
`
`necessary instructions before filing them with the Court. Both parties should
`
`submit their proposed jury instructions (preferably in Word format) to the Court
`
`at DOC_Chambers@cacd.uscourts.gov. In addition, parties should bring copies
`
`of their proposed jury instruction, printed on single-sided paper, with them on
`
`the first day of trial.
`
`D. Findings of Fact and Conclusions of Law (Bench Trials)
`
` The parties shall serve and lodge proposed findings of fact and conclusions
`
`of law at least seven (7) days prior to trial and in accordance with Local Rule 52.
`
`The parties should submit their proposed findings of fact and conclusions of law
`
`(preferably in Word format) to the Court at DOC_Chambers@cacd.uscourts.gov.
`
`\\\
`
` −10−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 11 of 12 Page ID #:562
`E. Proposed Verdict Form
`
` At least seven (7) days prior to trial, the parties shall file their proposed verdict
`
`forms. The Court typically does not use special verdict forms. The parties should
`
`exchange proposed verdict forms and agree as much as possible to the form
`
`before filing. The parties should submit the proposed verdict form (in Word format)
`
`to the Court at DOC_Chambers@cacd.uscourts.gov.
`
`F. Exhibits
`
` A joint exhibit list must be filed at least twenty-one (21) days prior to the Final
`
`Pretrial Conference in accordance with Local Rule 16-6.1. Parties should also
`
`0
`
`submit their joint exhibit list (in Word format) to the Court at
`
`1 2 3 4 5 6 7 8 9 1
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`DOC_Chambers@cacd.uscourts.gov.
`
` Exhibits are to be delivered to the Courtroom Deputy Clerk not later than
`
`8:30 a.m. on the first day of trial. All exhibits will be placed in loose leaf binders
`
`which are tabbed down the right side with exhibit numbers. The spine of the binder
`
`is to be marked with the case name and number and the numbers of the exhibits
`
`contained therein.
`
` Two binders will be prepared: (1) an original for the Clerk, which will be
`
`tagged with the appropriate exhibit tags in the upper right-hand corner of the first
`
`page of each exhibit, and (2) one copy for the Court. Each binder will contain an
`
`index of the exhibits included.
`
` The exhibits are to be numbered in accordance with Local Rule 26-3. Counsel
`
`may obtain exhibit tags (yellow for plaintiff and blue for defendant) at the Clerk’s
`
`Office, Intake Window. Special arrangements for voluminous or oversized exhibits
`
`should be made with the Courtroom Deputy Clerk by Wednesday of the week
`
`before trial.
`
`\\\
`
`\\\
`
`\\\
`
` −11−
`
`SPEAKWARE EXHIBIT 2006
`
`

`

`Case 8:18-cv-01293-DOC-DFM Document 31 Filed 01/15/19 Page 12 of 12 Page ID #:563
` After the conclusion of trial, parties must take their exhibits with them after
`
`1 2 3 4 5 6 7 8 9 1
`
`signing a release. If the parties do not take their exhibits, the Court will dispose
`
`of exhibits after fourteen (14) days.
`
` X. Other
`
` The Court adopts the remaining dates contained in the Joint Rule 26(f) Report
`(dkt. #27).
`
`IT IS SO ORDERED.
`
`Dated: January 15, 2019
`
`0
`
`David O. Carter
`United States District Judge
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
` Revised: March 21, 2017
`
` −12−
`
`SPEAKWARE EXHIBIT 2006
`
`