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Artifex Software, Inc. v. Hancom, Inc.

United States District Court, N.D. California

June 19, 2017

ARTIFEX SOFTWARE, INC., Plaintiff,
v.
HANCOM, INC., Defendant.

          PRETRIAL ORDER

          JACQUELINE SCOTT CORLEY United States Magistrate Judge

         Following the Initial Case Management Conference held on June 16, 2017, IT IS ORDERED THAT:

         I. CASE MANAGEMENT SCHEDULE

Deadline to Move to Amend Pleadings:

June 30, 2017

Hearing on Defendant's Motion for Partial Summary Judgment:

July 27, 2017

Fact Discovery Cut-Off:

November 21, 2017

Expert Witness Disclosures:

December 21, 2017

Rebuttal Expert Witness Disclosures:

January 25, 2018

Expert Discovery Cutoff:

February 15, 2018

Deadline for Hearing Daubert/Dispositive Motions:

April 5, 2018

         Defendant shall file its partial summary judgment motion by Friday, June 23, 2017. Pending the hearing on that motion, Defendant shall comply with Plaintiff's requests for discovery related to ongoing infringement and to Defendant's interpretation of the contract/license. All other discovery, including depositions, are stayed; however, the parties are encouraged to begin to schedule depositions since this case involves a foreign defendant and Defendant shall be prepared to promptly respond to other discovery upon resolution of the early partial summary judgment motion.

         II. TRIAL DATE

         A. Jury trial will begin on June 25, 2018, at 8:30 a.m., in Courtroom F, 15th Floor, U.S. District Court, 450 Golden Gate, San Francisco, California.

         B. The Court is expecting the length of the trial to not exceed 10 court days.

         III. PRETRIAL CONFERENCE

         A Final Pretrial Conference shall be held on June 14, 2018, at 2:00 p.m., in Courtroom F, 15th Floor. Lead trial counsel for each party shall attend.

         A. At least seven days prior to date of the Final Pretrial Conference the parties shall do the following:

         1. In lieu of preparing a Joint Pretrial Conference Statement, the parties shall meet and confer in person, and then prepare and file a jointly signed Proposed Final Pretrial Order that contains: (a) a brief description of the substance of claims and defenses which remain to be decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a joint exhibit list in numerical order, including a brief description of the exhibit and Bates numbers, a blank column for when it will be offered into evidence, a blank column for when it may be received into evidence, and a blank column for any limitations on its use; and (e) each party's separate witness list for its case-in-chief witnesses (including those appearing by deposition), including, for all such witnesses (other than party plaintiffs or defendants), a short statement of the substance of his/her testimony and, separately, what, if any, non-cumulative testimony the witness will offer. For each witness, state an hour/minute time estimate for the direct examination (only). Items (d) and (e) should be submitted as appendices to the proposed order. The proposed order should also state which issues, if any, are for the Court to decide, rather than the jury.

         2. File a joint set of proposed instructions on substantive issues of law arranged in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated Instruction No. __Re__, ” with the blanks filled in as appropriate. If disputed, each version of the instruction shall be inserted together, back to back, in their logical place in the overall sequence. Each such disputed instruction shall be identified as, for example, “Disputed Instruction No. __Re __ Offered by__, ” with the blanks filled in as appropriate. All disputed versions of the same basic instruction shall bear the same number. Any modifications to a form instruction must be plainly identified. If a party does not have a counter version and simply contends that no such instruction in any version should be given, then that party should so state (and explain why) on a separate page inserted in lieu of an alternate version. With respect to form preliminary instructions, general instructions, or concluding instructions, please simply cite to the numbers of the requested instructions in the current edition of the Ninth Circuit Model Jury Instructions. Other than citing the numbers, the parties shall not include preliminary, general, or concluding instructions in the packet.

         3. File a separate memorandum of law in support of each party's disputed instructions, if any, organized by instruction number.

         4. File a joint set of proposed voir dire questions supplemented as necessary by separate requests.

         5. File trial briefs on any controlling issues of law.

         6. File proposed verdict forms, joint or separate.

         7. File and serve any objections to exhibits.

         8. File a joint simplified Statement of the Case to be read to the jury during voir dire as part of the proposed jury instructions. Unless the case is extremely ...


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