United States District Court, N.D. California
FINAL PRETRIAL ORDER
DONATO United States District Judge
order summarizes the matters discussed at the final pretrial
conference on March 24, 2017.
AND TIME LIMITS
trial is set for April 10, 2017, at 9:00
a.m. Trial days are Mondays, Tuesdays, Wednesdays and
Thursdays. Fridays are dark.
trial day runs from 9:00 a.m. to 2:30 p.m., with two 15- to
20-minute breaks. Counsel should be in the courtroom no later
than 8:30 a.m. on each day in case the Court needs to address
evidentiary issues or other matters outside the presence of
the jury. The parties are reminded that the Court does not
permit sidebars during trial.
side will have 16 hours of trial time for their case. Each
side will have an additional 45 minutes for opening
statements, and one hour for closing arguments. The Court may
extend the 16-hour-per-side limit if interpretation issues
add a great deal of time to the taking of witness testimony.
MOTIONS IN LIMINE
Orange's MIL No. 1:
DENIED. The Facebook demonstration is
relevant to intent and motive for trade secret
misappropriation, which is an intentional tort. References to
the non-disclosure agreement or its alleged breach are
Orange's MIL No. 3: DENIED
PENDING PROOF AT TRIAL. The Court may allow the Le
Drogo Simulation to come in as evidence of motive or intent
if Telesocial lays a foundation that it was created close in
time to the alleged trade secret misappropriation. If
admitted, the Court will consider a limiting instruction to
the jury to avoid potential confusion on damages.
Telesocial's MIL No. 1: GRANTED
IN PART. Stillerman may testify, but may not offer
any legal opinions or conclusions.
Telesocial's MIL No. 2:
GRANTED. FRE 402/403.
Telesocial's MIL No. 4: GRANTED
IN PART. References to the Tucker lawsuit are
excluded, but Tucker may testify about why and how much he
invested in Telesocial. The request to exclude the $11-13
million purchase price figure was not opposed, and is granted
on that basis.
Telesocial's MIL No. 5:
DENIED. Based on the parties'
clarification of the record at the hearing, Telesocial was
aware of Orange's patent, even if it had been disclosed
in response to the “wrong” interrogatory in
Telesocial's MIL No. 6: GRANTED
IN PART. Evidence that was not disclosed to the
other side during discovery will not be allowed at trial. But
if evidence was disclosed, it may be proffered without regard
to the form of the disclosure. If the parties require further
guidance on the application of these principles to this
motion, the Court will address it during trial.
JURY INSTRUCTIONS / VOIR ...