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Case Nos. 17-CV-00220-LHK & 17-MD-02773-LHK

ORDER CONTINUING FURTHER CASE MANAGEMENT CONFERENCE, DIRECTING PARTIES TO FILE 

JOINT ADR STATUS REPORTS, AND DENYING QUALCOMM’S REQUEST FOR OUT-OF-TIME 

DEPOSITIONS

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION, et al.,

Plaintiffs,

v.

QUALCOMM INCORPORATED, et al.,

Defendants.

Case No. 17-CV-00220-LHK

ORDER CONTINUING FURTHER 

CASE MANAGEMENT CONFERENCE, 

DIRECTING PARTIES TO FILE JOINT 

ADR STATUS REPORTS, AND 

DENYING QUALCOMM’S REQUEST 

FOR OUT-OF-TIME DEPOSITIONS

IN RE: QUALCOMM ANTITRUST 

LITIGATION

Case No. 17-MD-02773-LHK

The Court hereby CONTINUES the July 25, 2018 further case management conferences to 

September 12, 2018 at 2:00 p.m. The parties shall file their joint case management statement by 

September 5, 2018.

Case 5:17-cv-00220-LHK Document 783 Filed 07/20/18 Page 1 of 3
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Case Nos. 17-CV-00220-LHK & 17-MD-02773-LHK

ORDER CONTINUING FURTHER CASE MANAGEMENT CONFERENCE, DIRECTING PARTIES TO FILE 

JOINT ADR STATUS REPORTS, AND DENYING QUALCOMM’S REQUEST FOR OUT-OF-TIME 

DEPOSITIONS

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United States District Court

Northern District of California

By July 25, 2018, the parties in the FTC action and the parties in the MDL action shall

each separately file a joint ADR status report indicating whether the parties are willing to engage 

in an ADR session and if so, what type and by when.

Finally, the parties in the FTC action present a dispute regarding Qualcomm’s addition of

“three third-party witnesses to its list of likely trial witnesses” after the close of fact discovery. 

ECF No. 780-3 at 2.1 Neither party disputes that the identities of these three individuals were not 

disclosed during fact discovery. Id. at 3–4, 11. Nevertheless, Qualcomm argues that FTC has 

“ample time” to take additionally deposition testimony before the start of the January 4, 2019 trial. 

Id. at 3. In other words, Qualcomm apparently requests that the Court allow out-of-time 

depositions of these three individuals. The Court denies that request.

At the initial case management conference on April 19, 2017, this Court set March 30, 

2018 as the date for the close of fact discovery. ECF No. 75 at 2. That date has remained the 

same throughout the case. ECF Nos. 308 at 2, 389 at 2, 645 at 2. At the April 6, 2018 further case 

management conference, the Court allowed some limited forms of discovery to take place after the 

March 30, 2018 fact discovery cutoff. For example, the Court approved six depositions for the 

week of April 16–20, 2018 and one deposition for the week of May 21–25, 2018. ECF No. 678 at 

1–2. The Court also granted the parties’ request to extend the deadline to file motions to compel

fact discovery to May 18, 2018. Id. at 1. At no time during these discussions about modifying the 

case schedule did Qualcomm request out-of-time depositions for the three individuals at issue.

Although Qualcomm suggests that FTC has enough time to depose these individuals 

before trial begins on January 4, 2019, Qualcomm fails to appreciate that multiple important 

deadlines have passed such that permitting out-of-time depositions may require a disruption of the 

entire case schedule. As noted, except for the limited exceptions approved by the Court, fact 

discovery closed on March 30, 2018. ECF No. 645 at 2. The deadline to file motions to compel 

 

1 All electronic case filing numbers are from FTC v. Qualcomm Inc., No. 17-CV-00220-LHK, 

unless otherwise noted.

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Case Nos. 17-CV-00220-LHK & 17-MD-02773-LHK

ORDER CONTINUING FURTHER CASE MANAGEMENT CONFERENCE, DIRECTING PARTIES TO FILE 

JOINT ADR STATUS REPORTS, AND DENYING QUALCOMM’S REQUEST FOR OUT-OF-TIME 

DEPOSITIONS

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United States District Court

Northern District of California

fact discovery expired on May 18, 2018. ECF No. 678 at 1. Both FTC and Qualcomm have 

served their expert reports: FTC served its expert reports on May 24, 2018, and Qualcomm served 

its expert reports on June 28, 2018. Id. at 2. Moreover, FTC’s rebuttal expert reports are due next 

week, by July 26, 2018. Id. Expert discovery is set to close on August 16, 2018, less than a 

month from today. Id. Dispositive motions and Daubert motions are due on August 30, 2018. Id.

Thus, allowing out-of-time depositions of the three individuals identified by Qualcomm at 

this late stage of the proceedings may negatively impact the case schedule and prejudice FTC. 

Qualcomm’s request for out-of-time depositions of these three individuals is denied.

IT IS SO ORDERED.

Dated: July 20, 2018

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00220-LHK Document 783 Filed 07/20/18 Page 3 of 3