Order Scheduling Trial and Pretrial Matters — United States v. Visa Inc. and Plaid Inc. (Dkt. 64, N.D. Cal. No. 4:20-cv-07810)

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U.S. District Court for the Northern District of California · No. 4:20-cv-07810-JSW · Doc. 64 · 2020-12-18 · Docket on CourtListener

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United States District Court 
Northern District of California 
 
 
 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
 
VISA INC., et al., 
Defendants. 
 
Case No.  20-cv-07810-JSW    
 
 
ORDER SCHEDULING TRIAL AND 
PRETRIAL MATTERS 
 
 
 
Following the Case Management Conference held on December 18, 20201, the Court 
issues this scheduling order.  The Court appreciates the parties’ cooperation in advance of the case 
management conference, and it reiterates its views that when possible, brevity is to be encouraged 
and that while nature may abhor a vacuum, the parties and counsel need not fill that void.  
IT IS HEREBY ORDERED as follows: 
A. 
DATES 
 
To the extent not set forth below, the Court ADOPTS the deadlines set forth in 
“Schedule #2” of the Joint Stipulation re Trial Date at Docket No. 62, which is terminated by 
this Scheduling Order. 
If the parties intend to file Daubert motions, those motions shall be noticed for a 
hearing no later than May 12, 2021 at 9:00 a.m.  In addition, to provide the parties with 
clarity, the Court will not include Daubert motions as part of the normal limitations it 
imposes on motions in limine.  
Trial Date: Monday, June 28, 2021, at 8:00 a.m. (Plaintiff estimates approximately 100 hours - 20 
trial days – but Court will determine the final number of trial hours at the pretrial conference) 
Pretrial Conference:  Monday, June 7, 2021, at 2:00 p.m.  
Case 4:20-cv-07810-JSW   Document 64   Filed 12/18/20   Page 1 of 3

 
 
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United States District Court 
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Last Day to Hear Daubert Motions: Friday, May 12, 2021 at 9:00 a.m. 
Last Day for Expert Discovery:  May 5, 2021 
Last Day for Initial Expert Disclosure:  March 26, 2021 
Close of Non-expert Discovery:   March 17, 2021 
Last Day to Hear Dispositive Motions:  Friday, March 5, 2021, 9:00 A.M. (this date is based on 
the parties’ proposed deadline for filing dispositive motions and is the first available date more 
than 35 days after January 8, 2021) 
B. 
DISCOVERY 
All discovery disputes have been referred to Magistrate Judge Kim, and the parties shall 
follow her procedures for resolution of discovery disputes.  The parties are reminded that a failure 
voluntarily to disclose information pursuant to Federal Rule of Civil Procedure 26(a) or to 
supplement disclosures or discovery responses pursuant to Rule 26(e) may result in exclusionary 
sanctions.  Thirty days prior to the close of non-expert discovery, lead counsel for each party shall 
serve and file a certification that all supplementation has been completed. 
C. 
ALTERNATIVE DISPUTE RESOLUTION 
 
The Court will not refer this matter for an ADR procedure.  If either or both parties later 
wish to participate in an ADR process, they may submit a stipulation or an administrative motion 
to the Court. 
D.   
PROCEDURE FOR AMENDING THIS ORDER 
 
 
No provision of this order may be changed except by written order of this Court upon its 
own motion or upon motion of one or more parties made pursuant to Civil. L. R. 7-1 upon a 
showing of very good cause.  A motion may take the form of a stipulation and proposed order 
pursuant to Civil L.R. 7-1(a)(5) and Civil L.R. 7-12, but the parties may not modify the pretrial 
schedule by stipulation without a Court order.  If the modification sought is an extension of a 
deadline contained herein, the motion must be brought one week before the deadline expires.  A 
conflict with a court date set after the date of this order does not constitute good cause.  The 
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United States District Court 
Northern District of California 
parties are advised that if they stipulate to a change in the discovery schedule, they do so at their 
own risk.  The only discovery schedule that the Court will enforce is the one set in this order.  
Additionally, briefing schedules that are specifically set by the Court may not be altered by 
stipulation without a Court order; rather the parties must obtain leave of Court. 
IT IS SO ORDERED. 
Dated: December 18, 2020 
______________________________________ 
JEFFREY S. WHITE 
United States District Judge 
 
 
Case 4:20-cv-07810-JSW   Document 64   Filed 12/18/20   Page 3 of 3

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