Superior Court of the State of California s2

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 FOR THE COUNTY OF SANTA BARBARA

10 RESON A/S et al ) Case No.: 1342087 11 ) Plaintiff, ) COMPLEX CASE MANAGEMENT 12 ) ORDER, vs. ) 13 ) ASSIGNED JUDGE: Hon. Donna D. Geck R2SONIC LLC et al ) DEPARTMENT: Four 14 ) HEARING DATE: November 22, 2013 Defendant. ) TIME: 1:30 P.M. 15 ) ) 16 ) ) 17

18 On April 17, 2013, the Court designated this matter as complex litigation under the

19 California Standards of Judicial Administration.

20 The Court finds as follows pursuant to California Rule of Court 3.400: There have

21 already been two substantial motions in this case: a motion for TRO and preliminary injunction

22 regarding Defendants’ preservation of ESI, and a motion concerning the sufficiency of Plaintiffs’

23 Amended Designation of Misappropriated Trade Secrets. A motion seeking to disqualify an

24 expert witness has recently been made and was the subject of a separate Discovery Referee

25 Report. As the case nears trial, it would be anticipated there will be the filing of complicated

26 motions for summary judgment and motions in limine. (Rule 3.400(b)(1).)

Complex Case Management Order - 1

Rev 4/18/13 1 A massive volume of documents have been produced (numbering in the millions of

2 pages). Dozens of depositions are contemplated, including several expert witnesses of each side.

3 (Rule 3.400(b)(2).)

4 Given that preliminary and permanent injunctions are sought by each side, in

5 addition to damages, substantial post-judgment judicial supervision seems likely. (Rule 3.400(b)

6 (5).)

7 This case already receives an extraordinary amount of attention by the Discovery

8 Referee. The ongoing direct supervision by the Court will promote more efficient and effective

9 case management.

10 The purpose of this order is to establish a case management plan for this complex

11 litigation in order to avoid inconsistent or duplicative rulings, reduce the costs of litigation, assist

12 the parties in resolving their disputes and reduce the costs and difficulties of discovery and trial.

13 This complex case management order supersedes all prior complex case management orders in

14 this case.

15 On any matter about which this order is silent, the Code of Civil Procedure, other

16 statutes, the California Rules of Court, and the local rules of this Court shall be controlling.

17 On November 22, 2013, a complex case management conference was conducted in

18 this matter. An unofficial copy of this Order may be posted on the Court’s web page at

19 http://www.sbcourts.org/general_info/judicial_officers/dgeck/ as a convenience to Court and

20 counsel, but the filed order entered by the Court is the only operative order. The parties

21 stipulate and agree that posting the Order on the court’s webpage is equivalent to service

22 as of the date of posting and further notice of this Order is waived.

23 The Court considered at the conference, pursuant to Rule 3.750 of the California

24 Rules of Court (Initial Case Management Conference, Complex Litigation), and Rule 3.728 of

25 the California Rules of Court (Case Management Order), the following subjects, and makes the

26 following orders:

Rev 4/18/13 1 1. SEVERANCE, CONSOLIDATION OR COORDINATION (CRC. Rule 3.750(b)

2 (4))

3 1.1. Severance

4 Not Applicable.

5 1.2. Consolidation

6 Not Applicable.

7 1.3. Coordination

8 Not Applicable.

9 2. STATUS OF THE PARTIES AND PLEADINGS

10 2.1. Current Status Operative Pleading: 8/16/2013 First Amended Complaint per stipulation filed 8/16/2013 and served 11 8/23/2013

12 Party Plaintiff Parties Defendant Reson A/S R2Sonic LLC 13 Reson Inc

14 Party Defendant Served Severed Demurrer Answer Dismissed Judgment Motion to Strike 15 R2Sonic LLC X X 16 Jens Steenstrup X X Mark Chun X X 17 Kirk Hoboart X X Cris Sabo X X 18 Charles Brennan X X

21 2.2. Deadline and Orders on the Status of Parties and Pleadings

22 Not Applicable.

23 2.3. Cross-Actions Deemed Filed, Served and Answered Operative Pleading: 04-06-11 Cross Complaint for: 1) Trade Libel; 2) Intentional Interference 24 w/Prospective Economic Advantage; 3) Violation of California Unfair Competition Law, Filed by Cross Complainant

25 Cross-Complainant Cross-Defendant R2Sonic LLC Reson A/S 26 Reson Inc

Rev 4/18/13 Cross-Defendant Served Severed Demurrer Answer Dismissed Judgment 1 Motion to Strike 2 Reson A/S 6/09/2011 3 Reson Inc 6/09/2011

5 2.4. Pleadings Deemed Filed 6 Not Applicable. 7 2.5. Express Indemnity Claims 8 Not Applicable. 9 3. COUNSEL 10 3.1. Master Counsel List 11 The master list of counsel, their e-mail addresses and the parties is: 12 NAME E-MAIL ADDRESS PARTY Melissa Fassett [email protected] Reson A/S and Reson Inc 13 Christopher Haskell [email protected] Reson A/S and Reson Inc Lauren Wideman [email protected] Reson A/S and Reson Inc 14 Morgan Chu [email protected] R2Sonic LLC Keith Orso [email protected] R2Sonic LLC 15 Douglas Large [email protected] R2Sonic LLC

17 3.2. Liaison Counsel

18 Not Applicable.

19 3.3. Liaison Groups

20 Not Applicable.

21 3.4. Pro Hac Vice Admission of Counsel

22 Not Applicable.

23 3.5. Trial Counsel

24 The names and addresses of the attorneys who will try the case are (CRC, Rule

25 212(i)(9)): COUNSEL E-MAIL ADDRESS PARTY 26 Melissa Fassett [email protected] Reson A/S and Reson Inc Christopher Haskell [email protected] Reson A/S and Reson Inc 27 Lauren Wideman [email protected] Reson A/S and Reson Inc Morgan Chu [email protected] R2Sonic LLC 28 Keith Orso [email protected] R2Sonic LLC

Rev 4/18/13 Douglas Large [email protected] R2Sonic LLC 1

2 4. MOTIONS 3 4.1. Preliminary Legal Question Schedule 4 Not Applicable. 5 4.2. Class Certification Motion 6 Not Applicable. 7 4.3. Demurrers, Motions to Strike and Summary Adjudication Motions 8

9 Motion: 10 Moving Party Responding Parties 11

12 Responding Parties Hearing Submitted Disposition

16 4.4. Discovery Motions 17 Motion: 03-25-13 Notice of Request for Hearing on Defendants' Objection to The Discovery Referee's March 15, 2013 Report and Recommendation Regarding Raymond Andraka, Filed by Defendant 18 Moving Party Responding Parties R2Sonic LLC Reson A/S 19

20 Responding Parties Hearing Submitted Disposition

21 Reson A/S 5/3/13 Court overruled defendant’s objections to Continued discovery referee report; court adopted 22 to 5/17/13 discovery referee report of 3/15/13; defendant’s request for disposition of Raymond Andraka 23 was denied.

Rev 4/18/13 1 4.5. Other Motions

2 All parties to meet and confer regarding the scope of the source codes, then if

3 necessary submit to the discovery referee and then to the Court. Motion: 10-25-13 Request for Hearing on Defendants’ Objection to the Discovery Referee’s 10-15-13 Report 4 and Recommendations Regarding Source Code Examination, filed by Defendant

5 Moving Party Responding Parties R2Sonic LLC Reson A/S and Reson Inc 6

7 Responding Parties Hearing Submitted Disposition Reson A/S and Reson Inc 11/22/13, X Defendants’ objections to the discovery 8 1:30 pm referee’s 10/15/2013 report are overruled. The during recommendations of the discovery referee are 9 CCMC approved. The discovery referee’s fees of $27,562.50 are approved and shall be shared 10 equally by the two sides of this litigation.

12 5. DISCOVERY

13 5.1. Special Discovery (App. to CRC, Div I, §19(e)(3))

14 5.1.1. List of Undisputed Facts

15 Not Applicable.

16 5.1.2. Defect List 17 Not Applicable.

18 5.1.3. Required Statements 19 Not Applicable. 20 5.1.4. Inspection and Testing 21 Not Applicable. 22 5.1.5. Expert Information Exchange 23 The parties agree that initial and supplemental expert disclosures shall occur 24 on the dates established in Attachment A hereto. 25 5.2. Stages of Discovery – The Court adopts the attached schedule. 26 5.2.1. Stage One 27 Not Applicable. 28

Rev 4/18/13 1 5.2.2. Stage Two

2 Not Applicable.

3 5.2.3. Stage Three 4 Not Applicable. 5 5.3. Protective Orders (App. to CRC, Div I, §19(e)(4)) 6 A Joint Stipulated Protective Order was issued 2-25-2011. 7 5.4. Document Depository (App. to CRC, Div I, §19(e)(9)) 8 Not Applicable. 9 5.5. Interrogatories 10 Not Applicable. 11 5.6. Depositions (App. to CRC, Div I, §19(e)(8)) 12 The following depositions, for the general purpose indicated, may be taken with 13 the following time limits: Deponent Time Limits Date 14 Jens Steenstrup 21 hours All other named individual party defendants 15 and current and past employees and officers of any party 14 hours 16 PMK witnesses – up to 7 hours per subject matter, not to exceed a total of 21 hours (in the 17 event a witness is designated as PMK on multiple subjects.) 21 hours (total) 18 Expert witnesses 14 hours All other witnesses 10.5 hours 19

20 The Court, on recommendation of the Discovery Referee, heard on a shortened notice 21 basis, may allow additional time if needed to fairly examine deponent, or if the deponent, another 22 person or any other circumstance impedes or delays the examination. The Court adopts the 23 attached guidelines for the conduct of counsel at deposition. 24 5.7. Discovery Referee (CCP §639(a)(5)) 25

26 5.7.1. Appointment

27 The Court has previously appointed Lol Sorenson as the Discovery Referee in this

28 matter.

Rev 4/18/13 1 The following procedure will be followed with regard to the referee’s

2 recommendations pursuant to CCP §664(b) and 643(c). The court may direct shortened time

3 for objections when circumstances require:

4 “[T]he decision[s] of the referee or commissioner is only advisory. The court may

5 adopt the referee's recommendations in whole or in part after independently considering the

6 referee's findings and any objections and responses thereto filed with the court.” CCP §644(b).

7 “A referee appointed pursuant to Section 639 shall file with the court a

8 report that includes a recommendation on the merits of any disputed issue, a statement of the

9 total hours spent and the total fees charged by the referee, and the referee's recommended

10 allocation of payment. The referee shall serve the report on all parties. Any party may file an

11 objection to the referee's report or recommendations within 10 days after the referee serves

12 and files the report, or within another time as the court may direct. The objection shall be

13 served on the referee and all other parties. Responses to the objections shall be filed with the

14 court and served on the referee and all other parties within 10 days after the objection is

15 served. The court shall review any objections to the report and any responses submitted to those

16 objections and shall thereafter enter appropriate orders. Nothing in this section is intended to

17 deprive the court of its power to change the terms of the referee's appointment or to modify or

18 disregard the referee's recommendations, and this overriding power may be exercised at any

19 time, either on the motion of any party for good cause shown or on the court's own motion.”

20 CCP §643(c)

21 In addition to serving the report on all parties, the referee shall deliver a

22 courtesy copy of the recommendation to the Clerk of Department Four or e-mail a copy of

23 the recommendation to the court as an e-mail attachment at [email protected].

24 5.7.2. Additional Discovery By Leave Of Discovery Referee 25 6. ELECTRONIC CASE MANAGEMENT 26 Not Applicable.

Rev 4/18/13 1 7. ALTERNATIVE DISPUTE RESOLUTION AND MANDATORY

2 SETTLEMENT CONFERENCES (App. to CRC, Div I, §19(e)(5))

3 7.1. Alternate Dispute Resolution (CRC, Rule 3.728(i)(1)-(2))

4 Not Applicable.

5 7.2. Mandatory Settlement Conferences (App. to CRC, Div I, §19(e)(5); CRC,

6 Rule 3.728(i)(10))

7 A Mandatory Settlement Conference is set for 8:30 a.m. on June 13, 2014, in

8 DEPARTMENT FIVE. If the parties agree to participate in mediation on or before May 16,

9 2014, then the MSC will be vacated. Settlement conference statements are to be filed by each

10 party at least 5 days prior. ALL PARTIES NECESSARY TO EFFECT A SETTLEMENT

11 MUST BE PRESENT AT THIS CONFERENCE.

12 8. TRIAL

13 This matter is set for Trial on July 11, 2014, at 11:30 a.m. in this Department. The “Trial

14 Date” is the operative date for discovery cut-off and other deadlines computed from the trial

15 date. However, the dates specified in this CCMO will control. If the case does not start trial on

16 the Trial Date, the parties will receive an official “22-hour call out” no less than 22 hours before

17 Actual Start Date by email and/or telephonic notice. The estimated start dates of cases that are

18 trailing will be published on the Department Four web page. The estimated start date is subject to

19 change depending on criminal matters assigned to Department Four, priority cases assigned to

20 Department Four, failure of prior cases to meet their trial estimate and other factors. The

21 estimated trial date will become more certain as the date approaches, but remains tentative.

22 A jury is demanded by the following parties who represent under penalty of perjury

23 that a timely demand for jury has been made and jury fees have been posted (CRC, Rule

24 3.728(4)-(5)):

25 All parties have demanded a jury trial.

26 The estimated length of trial, including pre-trial motions and jury selection is 15

27 days. (CRC, 3.728(i)(6)).

Rev 4/18/13 1 No later than five (5) days before the trial date, each party shall file, serve and, e-

2 mail to the Court at [email protected] as an e-mail attachment (Microsoft Word preferred)

3 the following:

4 The table of contents of the party’s proposed exhibits in the evidence binder;

5 A complete witness list of the party’s proposed witnesses;

6 The party’s trial brief;

7 Any in limine motions offered by the party;

8 A list of the parties’ requested CACI jury instructions, by number, together

9 with a document containing the edited text of each CACI Instruction as the party wants it

10 given;

11 The text of any requested special jury instruction, with supporting authorities;

12 All parties shall meet and confer and prepare a joint evidence binder with sufficient

13 copies for the witness stand and a copy for each side in the case. The evidence binder shall be

14 lodged with the Department Four clerk on or before the trial date and shall comply with the

15 following requirements.

16 Exhibits shall be numbered serially, without designation as “Plaintiff’s” or

17 “Defendant’s”;

18 Each party shall be assigned a block of numbers sufficient for the number of

19 exhibits to be offered by that party, with the lowest numbered block assigned to the

20 plaintiff;

21 There shall be a separate, numbered tab in the binder for each exhibit or group

22 exhibit;

23 Each group exhibit shall have an internal numbering system (Bates stamp or

24 pagination);

25 Impeachment exhibits need not be in the evidence binder, but a numbered tab

26 for a “reserved” exhibit must be in the evidence binder for each impeachment exhibit; and

27 Medical bills or invoices shall be tabbed separately from medical records.

Rev 4/18/13 1 All parties shall familiarize themselves with the Department Four web page at

2 http://www.sbcourts.org/general_info/judicial_officers/dgeck/ and the “Department

3 4:Forms” particularly the “Pre-trial Order” forms and be prepared to provide all information

4 required by the order at the pre-trial conference on the first day of trial.

5 9. SCHEDULE OF CASE MANAGEMENT CONFERENCES

6 The Court will conduct further complex case management conferences approximately 7 every seven (7) weeks on Friday afternoons in this department. (CRC, Rule 3.728(11)-(12); 8 3.750(b)(13). 9 In order to reduce file congestion: 10 (1) No Courtesy copies shall be delivered to the Court; 11 (2) Where the Court’s orders require only service of a document the parties shall not 12 also file copies of that document.

13 All law and motion matters shall be set for hearing at a complex case management 14 conference. If a matter is not set for a scheduled complex case management conference hearing, 15 the notice of motion shall contain a certificate by counsel for the moving party why special 16 setting is required. 17 On or before the Friday before a scheduled complex case management conference, 18 the parties shall submit to the Court by e-mail at [email protected] an electronic copy of the 19 previous complex case management order with any changes or additions inserted into the order 20 in a contrasting colored font. The parties shall meet and confer and, if possible, e-mail a single 21 proposed complex case management conference order to the court with the suggested changes of 22 different parties inserted in different colored fonts. If the parties are unable to so meet and 23 confer and prepare a single proposed case management conference, each party may submit to the 24 Court by e-mail at [email protected] an electronic copy of the previous complex case 25 management order with any changes or additions inserted into the order in a contrasting colored 26 font. Microsoft Word is the preferred format and proposals limited to proposed findings and 27 orders with very limited surplusage or argumentative material are strongly encouraged.

Rev 4/18/13 1 The Court considers transmittal letters or e-mails to the Court concerning Proposed Case

2 Management Orders or amendments thereto as ex parte communications and does not read or

3 review them. The Court has authorized only submission of a statement of proposed amendments

4 to or modifications of the then current complex case management order on the Friday before a

5 scheduled CCMC. Supplemental briefs and letters are not authorized. Circumvention by

6 submitting argumentative material in the proposed modifications is discouraged.

7 Complex case management conferences in this case are set in Department Four as

8 follows:

9 Friday, July 12, 2013 at 3:00 PM

10 Friday, August 23, 2013, at 1:30 PM

11 Friday, October 4, 2013, at 1:30 PM 12 Friday, November 22, 2013, at 1:30 PM 13 Friday, January 17, 2013, at 3:00 PM 14

15 IT IS SO ORDERED.

16 Dated: November 25, 2013 17 ______DONNA D. GECK 18 Judge of the Superior Court

Rev 4/18/13 1

2 RESON v R2SONIC Case No. 1342087 3 Attachment to Complex Case Management Order

4 Issue/Event Date 5 Percipient Witness Depositions May Commence on: Sept 13, 2013 6 Must be Completed by: March 24, 2014 7 Percipient Discovery Cutoff (other Includes depos., docs., rogs., etc. 8 than as per granted motion to compel) March 24, 2014 9 Expert Witness Discovery Initial disclosure date March 28, 2014 10 Supplemental designation April 14, 2014 11 Expert depositions begin on: April 10, 2014 12 Expert depos must be completed 13 by: June 6, 2014

14 Proposed Mandatory Settlement Conference June 13, 2014

15 Last day to exchange Pre-Trial Trial Briefs, MIL’s, jury Submissions instructions, etc. July 1, 2014 16 Trial July 11, 2014 17

Rev 4/18/13