1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA

6

7 ACTIAN CORPORATION, Case No. 22-cv-00895-PJH 8 Plaintiff,

9 v. CASE MANAGEMENT

AND PRETRIAL ORDER

10 RADISYS CORPORATION, et al.,

11 Defendants. 12 13 Good cause appearing, the court hereby adopts the case management statement 14 of the parties except as modified by the following:

15 PRETRIAL SCHEDULE

16 TRIAL DATE: August 14, 2023, at 8:30 a.m., Courtroom 3, 3rd Fl., 1301 Clay Street, Oakland, California. 17

JURY [X] COURT []

18 TRIAL LENGTH: No more than 5 days. 19 PRETRIAL CONFERENCE DATE: July 20, 2023, at 2:00 P.M. 20 DISPOSITIVE MOTIONS (Only one summary judgment motion per party is permitted 21 without leave of court) TO BE HEARD BY: April 13, 2023. 22 NON-EXPERT DISCOVERY CUTOFF: January 13, 2023. 23 OPENING REPORTS: January 17, 2023 24 REBUTTAL REPORTS: February 27, 2023. 25

DISCOVERY LIMITATIONS:

26 Interrogatories: Requests for Documents: 27 Depositions: Requests for Admissions: DISCOVERY DISPUTES: Parties must file a joint letter brief not to exceed five pages. 1 On receipt of the Joint Letter, the court will determine what, if any, future proceedings are 2 necessary

3 LAST DAY TO AMEND PLEADINGS: no later than 90 days before fact discovery cutoff 4 date a motion or a stipulation must be filed so sufficient time remains to conduct discovery on added claims or parties. Doe defendants must be identified by this 5 deadline, or they will be dismissed. 6 [X] REFERRED TO ADR FOR Private Mediation to be completed by October 12, 2022. 7

ADDITIONAL ORDERS:

8

PRETRIAL INSTRUCTIONS

9

A. PRETRIAL MOTIONS

10 1. All dispositive motions are heard no later than 120 days before trial, unless 11 leave of court is obtained for another deadline. 12 2. Only one summary judgment motion may be filed by each side, absent leave of 13 court. Leave of court may be sought if multiple parties comprise one or both sides. 14 Leave of court may be obtained by filing a motion for administrative relief pursuant 15 to Civ. L. R. 7-11, or by requesting a case management conference or informal 16 telephone conference. 17 3. Separate statements of undisputed facts in support of or in opposition to motions 18 for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may 19 file a truly joint statement of undisputed facts only if all parties agree that the facts 20 are undisputed. 21 4. Objections to evidence may no longer be filed separately but must be contained 22 within a brief or memorandum. Civil L. R. 7-3. 23 5. Each party filing or opposing a motion shall also serve and file a proposed order 24 which sets forth the relief or action sought and a short statement of the rationale of 25 decision, including citation of authority that the party requests the court to adopt. 26 6. Chambers copies of each electronically-filed document must include on each 27 page the running header created by the ECF system and must be delivered to the 1 Clerk's Office by noon the day following its filing. (Note: These deadlines differ 2 from those in Civil L. R. 5-1(e)(7)(A).) All documents must be stapled or bound by 3 a two-pronged fastener, and all exhibits to declarations or requests for judicial 4 notice must be tabbed. 5 7. Footnotes in briefs appearing in smaller than the 12-point font required for the 6 text, will be stricken, see Civil L. R. 3-4(c)(2), as will footnotes that are so 7 numerous as to be clearly designed to defeat the page limits found at Civil L. R. 7- 8 2 - 7-4. Any brief must separate sentences by 2 spaces after each sentence. 9 8. Motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 10 (1993), challenging the reliability of expert testimony, may be noticed for hearing 11 on the date dispositive motions will be heard or on any available hearing date up 12 to and including the date of the final pretrial conference. Irrespective of the 13 hearing date, the briefs shall be filed in accordance with Civil L. R. 7-2 - 7-5, that 14 is, on a 35-day briefing schedule. 15 9. Motions in limine are limited to motions to exclude specific items of evidence on 16 a ground and upon such authority as would be sufficient to sustain an objection to 17 such evidence at trial. The court will not generally consider a motion presenting a 18 purely legal issue in the guise of a motion in limine. 19 10. Discovery motions will be referred to a Magistrate Judge for resolution. The words 20 "Discovery Matter" shall appear in the caption of all documents relating to 21 discovery to insure proper routing. 22 11. Confidential and/or sealed documents shall be handled in accordance with this 23 court's standing order and Civil L.R. 79-5, both of which the parties shall consult 24 before moving for a protective order or requesting a sealing order. Requests to 25 seal documents used in conjunction with dispositive motions are rarely granted 26 and then only upon a showing of the most compelling of reasons. 27 B. FINAL PRETRIAL CONFERENCE 1 2. Not less than 35 days prior to the pretrial conference, all counsel and/or parties 2 shall meet and confer regarding preparation of the joint pretrial statement. 3 3. Not less than 28 days prior to the pretrial conference, counsel and/or parties 4 shall: 5 a. Serve and file a joint pretrial statement. (Separately filed statements will not be 6 accepted by the court and monetary sanctions will be imposed upon the party 7 failing to cooperate in the preparation of a joint statement). 8 The pretrial statement shall include the following: 9 i. A brief description of the substance of the claims and defenses which 10 remain to be decided. 11 ii. A detailed statement of all relief sought, itemizing all elements of 12 damages claimed. 13 iii. A statement of all relevant undisputed facts to which the parties will 14 stipulate for incorporation into the trial record without the necessity of 15 supporting testimony or exhibits. 16 iv. A statement of all relevant disputed facts which remain to be decided. 17 v. A statement of stipulations requested or proposed. 18 vi. A brief statement of disputed points of law concerning liability and relief. 19 Legal argument on these points shall be reserved for the trial briefs. 20 vii. A statement of whether bifurcation or a separate trial of specific issues is 21 feasible and desired. 22 viii. A statement summarizing the status of settlement negotiations and 23 indicating whether further negotiations are likely to be productive. 24 b. Serve and file trial briefs (not to exceed 25 pages), which shall specify each 25 cause of action and defense remaining to be tried along with a statement of the 26 applicable legal standard (no opposition shall be filed); 27 c. Serve and file no more than ten motions in limine, which shall be filed in one 1 d. Serve and file a list of deposition excerpts for witnesses who will not testify in 2 person, (specifying the witness, page and line references) and other discovery 3 responses that will be offered at trial; 4 e. Serve and file a list of all witnesses to be called at trial, in person or by 5 deposition, other than solely for impeachment or rebuttal, with a brief statement 6 describing the substance of the testimony to be given; 7 f. Serve and file a numerical list of exhibits that will be offered as evidence in a 8 party's case in chief in support of a claim or defense, with a brief statement 9 describing the substance and purpose of each exhibit and the name of the 10 sponsoring witness; 11 g. Exchange exhibits which shall be premarked with an exhibit sticker (example 12 attached), tabbed and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and 13 defendant shall use numbers preceded by a letter (A-1, A-2, A-3, etc.). 14 Additional parties shall also use a letter preceding numbers (B-1, B-2, B-3, or 15 C-1, C-2, C-3, etc.). 16 h. Submit two sets for jury trials and three sets for court trials of all premarked 17 exhibits to the Clerk's Office (exhibits are not filed); 18 i. Serve and file any request regarding the treatment of confidential or sealed 19 documents. 20 j. Serve and file proposed joint voir dire questions and joint jury instructions for 21 cases to be tried by jury; 22 k. Serve and file proposed findings of fact and conclusions of law for cases or 23 claims to be tried by the court. 24 l. Serve and file a proposed verdict form which contains no reference to 25 submitting party. 26 4. No party shall be permitted to call any witness or offer any exhibit in its case in 27 chief that is not disclosed in these pretrial filings without leave of court and for 1 5. Not less than 14 days prior to the pretrial conference, counsel and/or parties shall 2 serve and file any opposition to a motion in limine and any counter deposition 3 designations. No replies shall be filed. All motions shall be heard at the pretrial 4 conference unless otherwise ordered. The parties shall not file separate 5 objections, apart from those contained in the motions in limine, to the opposing 6 party's witness list, exhibit list or discovery designations. A courtesy copy of any 7 opposition brief must be delivered to the Clerk's Office no later than noon 8 the day following the filing. 9 6. In advance of the pretrial conference, counsel and/or parties shall review the 10 court-approved video entitled Understanding the Effects of Unconscious Bias, 11 available at https://cand.uscourts.gov/attorneys/jury-video, which is designed to 12 educate potential jurors about the role of unconscious bias in the work of juries. 13 Counsel and/or parties shall be prepared at the pretrial conference to discuss any 14 objections to showing this video to potential jurors before the jury selection 15 process. Any objections to the video that are not raised at the pretrial conference 16 will be deemed waived. 17 7. If counsel, parties and/or witnesses will require any special accommodations 18 during trial, such requests shall be raised at the pretrial conference. 19 C. JURY TRIAL 20 Jury Selection shall proceed as follows: The Jury Commissioner will summon 20 21 to 25 prospective jurors. The Courtroom Deputy will select their names at random and 22 seat them in the courtroom in the order in which their names are called. Voir dire will be 23 conducted of sufficient venire members so that six to eight will remain after all 24 peremptory challenges and an anticipated number of hardship dismissals and cause 25 challenges have been made. 26 The court will then take cause challenges and discuss hardship claims at side bar. 27 The court will inform counsel which hardship claims and cause challenges will be 1 Peremptory challenges will be made in writing. The court will strike at one time those 2 with meritorious hardship claims, those excused for cause, and those challenged 3 peremptorily, and then seat the first six to eight people remaining in numerical order. 4 The attached voir dire questionnaire shall be given to the venire members and 5 copies of the responses will be made available to counsel at the beginning of voir dire. 6 Counsel shall submit a joint set of additional voir dire questions to be posed by the court. 7 Any voir dire questions on which counsel cannot agree may be submitted separately. 8 Counsel will be permitted brief follow-up voir dire after the court's questioning. 9 The following jury instructions from the Ninth Circuit Manual of Model Jury 10 Instructions Civil (2017 Edition) shall be given absent objection: 1.3 - 1.7, 1.9 - 1.18, 1.20 11 - 1.21, 3.1 - 3.3, and 3.5. Counsel shall submit a joint set of these instructions along 12 with case specific instructions using the Ninth Circuit Manual where appropriate. Any 13 instructions on which counsel cannot agree may be submitted separately. Each 14 instruction shall be typed in full on a separate page with citations to the authority upon 15 which it is based and a reference to the party submitting it. A second blind copy of each 16 instruction shall also be submitted omitting the citation to authority and the reference to 17 the submitting party, but retaining the title of the instruction. An electronic version of the 18 proposed instructions in Microsoft Word format (.doc or .docx) must be emailed to the 19 court’s proposed order mailbox: pjhpo@cand.uscourts.gov. 20 D. TRIAL SCHEDULE 21 The court's trial schedule is 8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks, 22 on Monday, Tuesday, Thursday and Friday. 23 E. PROCEDURE FOR AMENDING THIS ORDER 24 No provision of this order may be changed except by written order of this court 25 upon its own motion or upon motion of one or more parties made pursuant to Civil L. R. 26 7-11 with a showing of good cause. Parties may file a formal brief, but a letter brief will 27 suffice. The requesting party shall serve the opposing party on the same day the motion 1 than four days after service. 2 If the modification sought is an extension of a deadline contained herein, the 3 motion must be brought before expiration of that deadline. The parties may not modify 4 the pretrial schedule by stipulation. A conflict with a court date set after the date of 5 this order does not constitute good cause. The parties are advised that if they stipulate to 6 a change in the discovery schedule, they do so at their own risk. The only discovery 7 schedule that the court will enforce is the one set in this order. 8 IT IS SO ORDERED. 9 Dated: July 15, 2022 10 /s/ Phyllis J. Hamilton

PHYLLIS J. HAMILTON

11 United States District Judge

12

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

CONFIDENTIAL

1

JUROR QUESTIONNAIRE

2 Please fill out this form as completely as possible and print clearly. This will assist the 3 judge and the lawyers in selecting a jury and will save time for them and for you. 4 Because copies will be made for the attorneys and the judge, do not write on the back of 5 any page. If you need more room, continue at the bottom of the page. Thank you for 6 your cooperation. 7 8 1. Your name: 9 2. Your age: 10 3. City in which you reside: 11 4. If you have lived there for fewer than five years, where did you live before: 12

13 5. Your place of birth: 14 6. Do you own or rent your home? [ ] own [ ] rent 15 7. Your marital status: 16 [ ] Live with [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed Partner 17 8. What is your occupation and how long have you worked in it? 18 (If you are retired, please describe your main occupation when you were working). 19

20

21 9. Who is (or was) your employer? 22 10. If you have held this job for fewer than five years, describe your previous job: 23

24 11. Please list the occupations of any adults with whom you live: 25

26

27 1 12. If you have children, please list their ages and genders and, if they are employed, please give their occupations. 2 3 4 5 13. Please describe your educational background: 6 Highest grade completed: 7 8 College and/or vocational schools you have attended: 9 10 11 12 Major areas of study: 13 14 14. Have you served in the military? 15 16 15. Have you ever had jury experience? No. of times? 17 If yes: State/County Court Federal Court 18 When? 19 Was it a civil or criminal case? 20 Did any of the juries reach a verdict? 21 22

23 24 25 26 27 1 UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF

CALIFORNIA CALIFORNIA CALIFORNIA

3 Case #: Case #: Case #: Plntf Exhibit Plntf Exhibit Plntf Exhibit 4 No. No. No. Date Date Date 5 Admitted: Admitted: Admitted: By: By: By: 6 Kelly Collins, Deputy Clerk Kelly Collins, Deputy Clerk Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF

CALIFORNIA CALIFORNIA CALIFORNIA

8 Case #: Case #: Case #: Plntf Exhibit Plntf Exhibit Plntf Exhibit 9 No. No. No. Date Date Date Admitted: Admitted: Admitted: 10 By: By: By: 11 Kelly Collins, Deputy Clerk Kelly Collins, Deputy Clerk Kelly Collins, Deputy Clerk UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF

CALIFORNIA CALIFORNIA CALIFORNIA

13 Case #: Case #: Case #: Plntf Exhibit Plntf Exhibit Plntf Exhibit 14 No. No. No. Date Date Date Admitted: Admitted: Admitted: 15 By: By: By: 16 Kelly Collins, Deputy Clerk Kelly Collins, Deputy Clerk Kelly Collins, Deputy Clerk

17 UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF

18 CALIFORNIA CALIFORNIA CALIFORNIA Case #: Case #: Case #: 19 Deft Exhibit Deft Exhibit Deft Exhibit Letter-No. Letter-No. Letter-No. 20 Date Date Date Admitted: Admitted: Admitted: 21 By: By: By: Kelly Collins, Deputy Clerk Kelly Collins, Deputy Clerk Kelly Collins, Deputy Clerk 22 UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF

23 CALIFORNIA CALIFORNIA CALIFORNIA Case #: Case #: Case #: 24 Deft Exhibit Deft Exhibit Deft Exhibit Letter-No. Letter-No. Letter-No. Date Date Date 25 Admitted: Admitted: Admitted: 26 By: By: By: Kelly Collins, Deputy Clerk Kelly Collins, Deputy Clerk Kelly Collins, Deputy Clerk 27