Phoenix Technologies Ltd. v. VMware, Inc.

Northern District of California, cand-4:2015-cv-01414

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{208}} Stipulation RE: PRETRIAL DEADLINES. (terminating {{203}} Stipulation RE: PRETRIAL DEADLINES).

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1 MICHAEL A. JACOBS (CA SBN 111664) MJacobs@mofo.com 2 ARTURO J. GONZÁLEZ (CA SBN 121490) AGonzalez@mofo.com 3 ALEXANDRIA A. AMEZCUA (CA SBN 247507) AAmezcua@mofo.com 4 DIANA B. KRUZE (CA SBN 247605) DKruze@mofo.com 5 MORRISON & FOERSTER LLP 425 Market Street 6 San Francisco, CA 94105-2482 Telephone: 415.268.7000 7 Facsimile: 415.268.7522 8 Attorneys for Defendant VMWARE, INC. 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 PHOENIX TECHNOLOGIES LTD, a Case No. 15-cv-01414-HSG 14 Delaware corporation, JOINT STIPULATION AND ORDER 15 Plaintiff, RE: PRETRIAL DEADLINES 16 v. 17 VMWARE, INC., a Delaware corporation, 18 Defendant. 19 VMWARE, INC., a Delaware corporation, 20 Counterclaimant, 21 v. 22 PHOENIX TECHNOLOGIES LTD, a 23 Delaware corporation, 24 Counterdefendant. 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE: PRETRIAL DEADLINES Case No. 15-cv-01414-HSG 1 STIPULATION AND [PROPOSED] ORDER 2 Pursuant to Civil Local Rules 6-2 and 7-11, and the October 25, 2016 scheduling 3 conference with the Court, Phoenix Technologies Ltd. ("Phoenix") and VMware, Inc. 4 ("VMware") file this joint stipulation regarding revised pretrial deadlines and stipulate as follows: 5 WHEREAS, the Court proposed that the trial in this matter be reset to February 20, 2017 6 (Dkt. 200); 7 WHEREAS, on November 1, 2016, the Parties filed a status report notifying the Court 8 that Phoenix had a conflict with the Court's proposed date (Dkt. 201); 9 WHEREAS, the Parties propose that the trial in this matter be reset to February 13, 2017; 10 WHEREAS, the Parties propose that the final pretrial conference in this matter be reset to 11 January 31, 2017; 12 WHEREAS, the Court's Standing Order for Civil Pre-Trial and Trial matters is silent as to 13 certain deadlines, such as the deadline for exchange of exhibit objections, counter-designations 14 and objections to deposition designations; 15 WHEREAS, the Parties believe it would be helpful to have a detailed exchange protocol 16 for demonstratives; 17 WHEREAS, the Parties believe it would be helpful to exchange proposed jury 18 instructions, voir dire questions, and proposed verdict forms in advance of filing them with the 19 Court to minimize disputes; 1 20 NOW, THEREFORE, the Parties hereby stipulate and agree to the following: 21  The parties shall file oppositions to the already-filed in limine motions on 22 January 17, 2017. 23  The Parties will exchange drafts of proposed jury instructions, voir dire questions, 24 and proposed verdict forms on January 10, 2017. Thereafter, the Parties shall meet 25 and confer in an effort to minimize disputes. The Plaintiff shall file a final set of 26 1 27 The proposals regarding demonstratives and other pretrial exchanges are similar to those found in the parties' previously-filed stipulation. (ECF No. 176.) Docket No. 176 is mooted by the 28 instant stipulation. STIPULATION AND [PROPOSED] ORDER RE: PRETRIAL DEADLINES 1 CASE NO. 3:15-cv-01414-HSG sf-3712993 1 joint jury instructions, voir dire questions, and proposed verdict form on 2 January 17, 2017. All other provisions regarding the jury instructions, voir dire 3 questions, and verdict forms in the Court's Standing Order for Civil Pre-Trial and 4 Trial matters shall remain in effect. 5  The following table summarizes all remaining deadlines: 6 7 Event New Date 8 Parties shall exchange exhibit objections, 9 counter-designations and objections to January 6, 2017 deposition designations. 10 Parties shall exchange drafts of proposed jury instructions, voir dire questions and proposed January 10, 2017 11 verdict form. 12 Parties shall exchange objections to deposition January 17, 2017 counter-designations. 13 Plaintiff to file joint pretrial statement, statement of the case, proposed jury instructions, voir dire January 17, 2017 14 questions, and proposed verdict form. 15 Last day to file trial briefs (optional). January 17, 2017 Last day to file oppositions to motions in limine. January 17, 2017 16 Last day to submit binders to Court pursuant to January 18, 2017 ¶ 5 of the Court's standing order. 17 Final Pretrial Conference January 31, 2017 18 Last day to submit binders to Court pursuant to February 6, 2017 ¶ 20 of the Court's standing order. 19 First Day of Trial February 13, 2017 20 21  Demonstratives (e.g., graphics, charts, diagrams, illustrative animations, models, 22 etc.) need not be disclosed with evidentiary exhibits pursuant to paragraph 2 of the 23 Court's Civil Pre-trial and Trial Standing Order. Instead, the parties agree that 24 expert and fact witnesses may use demonstrative presentations that illustrate their 25 testimony. The parties reserve their right to object to demonstratives on any 26 appropriate grounds for objection. Each party shall disclose to the other party all 27 demonstratives that such party will use during the direct examination of a witness 28 or expert witness via email no later than 5:00 p.m. the night before such witness is STIPULATION AND [PROPOSED] ORDER RE: PRETRIAL DEADLINES 2 CASE NO. 3:15-cv-01414-HSG sf-3712993 1 scheduled to testify. Each party shall disclose to the other party all demonstratives 2 that such party will use during the cross examination of a witness or expert witness 3 just prior to the beginning of that witness's or expert's cross examination so that 4 the other party may have sufficient time to review them and raise objections before 5 the examination begins. Excerpts, call-outs, blow-ups, or highlighting of admitted 6 exhibits, without more, are exempt from exchange. After demonstratives have 7 been used during trial, the parties may "lodge" them in the case docket in order for 8 them to become part of the official record of the case. They will not be admitted 9 as exhibits. The disclosure of demonstratives that the parties plan to use in the 10 opening statement shall be governed by a separate procedure outlined in the Joint 11 Pretrial Statement. 12 13 14 IT IS SO STIPULATED. 15 Dated: November 16, 2016 Dated: November 16, 2016 16 COOLEY LLP MORRISON & FOERSTER LLP 17 /s/ Whitty Somvichian /s/ Diana Kruze Whitty Somvichian Diana Kruze 2 18 19 Attorneys for Plaintiff and Counterdefendant Attorneys for Defendant and Counterclaimant PHOENIX TECHNOLOGIES LTD. VMWARE, INC. 20 21 22 23 24 25 26 2 27 I, Diana Kruze, am the ECF User whose ID and password are being used to file this Declaration. In compliance with Civil L.R. 5-1(i)(3). I hereby attest that Whitty Somvichian has concurred in 28 this filing. STIPULATION AND [PROPOSED] ORDER RE: PRETRIAL DEADLINES 3 CASE NO. 3:15-cv-01414-HSG sf-3712993 1 ORDER 2 PURSUANT TO THE PARTIES' STIPULATION, 3 IT IS SO ORDERED. 4 5 Date: November 17, 2016 __________________________________ Honorable Haywood S. Gilliam, Jr. 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE: PRETRIAL DEADLINES 4 CASE NO. 3:15-cv-01414-HSG sf-3712993