Case 6:22-cv-00031-ADA Document 263 Filed 01/31/24 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`FLYPSI, INC., (D/B/A FLYP),
` Plaintiff
`
`-vs-
`
`GOOGLE LLC,
` Defendant
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
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`6:22-CV-00031-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, February 16, 2024 in a Courtroom which will be
`
`communicated closer to trial 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 9:00 AM, February 20, 2024, in Courtroom #1 in the United States
`
`District Court, 800 Franklin, Waco, Texas 76701. The parties shall jointly provide notebooks to
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`FLYPSI, INC., (D/B/A FLYP),
` Plaintiff
`
`-vs-
`
`GOOGLE LLC,
` Defendant
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`6:22-CV-00031-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, February 16, 2024 in a Courtroom which will be
`
`communicated closer to trial 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 9:00 AM, February 20, 2024, in Courtroom #1 in the United States
`
`District Court, 800 Franklin, Waco, Texas 76701. The parties shall jointly provide notebooks to
`
`
`
`Case 6:22-cv-00031-ADA Document 263 Filed 01/31/24 Page 2 of 4
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`the 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 11 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 by the following Monday (five days) and may require earlier start and later
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`end times each day, as the Court deems necessary.
`
`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 any
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`issues in the absence of the jury. If a party raises a dispute for the Court to resolve outside the
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`presence of the jury, that time will count towards the party against whom the Court resolves such
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`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
`
`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. Public Access
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`Seating will remain available to the public in the courtroom. However, a webinar feed will
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`NO LONGER be made available to the public. The Judicial Conference of the United States has
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`adopted a policy (effective September 22, 2023) which only permits public live audio access to
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`non-trial proceedings that do not involve witness testimony.
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`
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`Case 6:22-cv-00031-ADA Document 263 Filed 01/31/24 Page 3 of 4
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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 to
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`accommodate any party-affiliated individuals who choose to observe the trials remotely and any
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`witnesses who choose to testify remotely. This live feed may be accessed by the following party-
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`affiliated individuals outside of the Courthouse:
`
`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 witnesses
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`before they testify—although corporate representatives may be precluded from
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`observing certain sealed testimony because of confidentiality reasons.
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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 remotely
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`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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`Case 6:22-cv-00031-ADA Document 263 Filed 01/31/24 Page 4 of 4
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`proceedings shall mute their microphones and deactivate their cameras. Participants and observers
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`using multiple devices in a single workspace to access the trial should avoid audio feedback issues
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`by using the microphone and speakers on only one device at a time, or by using 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. Remote trial participants and
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`observers should conduct themselves in the same way they would if they were physically present
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`in the courtroom.
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`IT IS SO ORDERED.
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`SIGNED this 31st day of January, 2024.
`
`
`
` ALAN D ALBRIGHT
` UNITED STATES DISTRICT JUDGE
`
`
`
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