United States District Court, N.D. California
PRETRIAL ORDER NO. 3 RE: TRIAL CONFERENCE
GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE
considered the filings to date and the arguments and other
submissions at the Pretrial Conference, held on December 20,
2019, for good cause shown the Court enters the following
Trial Date and Schedule: The trial of this matter is
confirmed to proceed in Courtroom 1. Jury Selection shall
begin at beginning at 9:00 a.m. on January 31, 2020. All
remaining trial days shall begin at 8:30 a.m. Counsel shall
arrive in court early enough to proceed each day promptly at
8:00 a.m. Trial schedule will be Monday through Thursday,
from 8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks.
Additional time may be scheduled for matters outside the
presence of the jury as necessary and determined by the
Court. Sidebars are not permitted. Counsel should be prepared
to anticipate issues so that they may be addressed outside of
normal trial hours. In this regard, Counsel should also be
prepared to reconvene with the Court after the Court's
standing calendars which normally begin at 2:00 p.m.
parties shall each be afforded (6 days) twenty-seven
(27) hours to present their case, including opening
statements and closing arguments. The Court shall reserve one
hour for plaintiff and one hour for defendant for closing
arguments. The parties shall receive daily timesheets
advising of the time remaining. Any concerns must be raised
immediately or will be waived.
Court sets the next pre-trial conference for January 24, 2020
at 8:00 a.m. By January 15, 2020, the parties shall submit a
joint list of issues to be addressed at the conference. If no
such issues arise, the Court may take the conference off
Standard Motions in Limine: The Court hereby orders
that: (a) witnesses shall be excluded until testimony is
completed; (b) there shall be no reference to or evidence
presented of settlement discussions, mediation, or insurance;
and (c) there shall be no reference to or evidence presented
of wealth or lack thereof of any party except in the punitive
damage phase of a case, to the extent it exists.
motion in limine refers “to any motion,
whether made before or during trial, to exclude anticipated
prejudicial evidence before the evidence is actually
offered.” Luce v. United States, 469 U.S. 38,
40, n. 2 (1984). The Court's rulings on the motions
in limine will be issued by separate order(s).
Parties are ordered to admonish witnesses of the Court's
rulings. Failure to comply with a ruling by the Court may
result in sanctions, including without limitation the
striking of the witness's entire testimony.
Witnesses: The parties are limited to calling the
witnesses submitted on the list filed for the Pretrial
Conference. Upon a showing of good cause, including for
rebuttal or impeachment purposes, additional witnesses will
only be allowed by Court order.
January 15, 2020, the parties shall deliver via email a
single joint list of all witnesses, attorneys, and others
involved in the trial, in alphabetical order to be shown to
prospective jurors during voir dire. The list shall be
legible and formatted to fit on one page.
Exhibits and Exhibit Lists: The parties shall file
updated exhibits lists by January 15, 2020. The parties are
limited to using the Exhibits submitted on those Exhibit
Lists, except that any documents for which Adobe is seeking
relief from the special master's order regarding
attorney-client privilege and which are ultimately found
non-privileged may be added to the parties' exhibit
January 15, 2020, the parties must each provide the Court
with a flash drive containing all exhibits.
witness may be shown any document or other object until it
has been marked for identification using an exhibit number.
The parties' updated Exhibit Lists must identify those
for which a stipulation of admissibility exists with an
“S” in the appropriate box. Parties are ordered
to meet and confer and to stipulate on non-controversial
issues of admissibility. Failure to do so will result in the
waste of trial time.
exhibit list currently contains 1785 entries. Adobe's
exhibit list currently contains 1588 entries. Only a fraction
of those will ever be admitted. Thus, a full paper set shall
not be provided to the Court. Rather, the parties are ordered
to provide a set of witness binders to the Court and to each
witness, and to provide the Courtroom deputy only with the
original set of exhibits being offered. They shall be placed
in manila folders, labeled by Exhibit number, to be provided
to the jury.
jury may not be shown any exhibits until admitted into
evidence or stipulated by the parties as to admissibility
without the express permission of the Court.
general, no exhibit shall be admitted at trial unless
actually used. Thus, parties are not allowed to argue the
relevance of a ...