govinfo:USCOURTS-cand-4_23-cv-05448-0

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
United States District Court 
Northern District of California 
 
 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
 
PEOPLE OF THE STATE OF CALIFORNIA, ET 
AL., 
 
Plaintiffs, 
 
 v. 
 
META PLATFORMS INC., ET AL., 
 
Defendants. 
 
 

 
 
PRETRIAL ORDER NO. 2 RE: PRETRIAL 
CONFERENCE 
 
 
Having considered the filings to date, the arguments at the conference on May 27, 2026, 
and for good cause shown, the Court issues the following orders for notice and to facilitate an 
orderly trial: 
1. Pretrial Schedule: The pretrial schedule revised by the parties is adopted as 
reflected in Attachment A. The Court sets the next pre-trial conference for June 26, 2026 
at 8:00 A.M. 
2. Trial Date and Schedule: The trial of this matter is confirmed to proceed in 
Courtroom 1 on August 12, 2026 with jury selection. Opening statements and evidence will begin 
thereafter, but no earlier than August 18, 2026. The daily schedule is referenced in Pretrial Order 
No. 1. The Court will be dark on September 17, 2026 and September 28, 2026. The parties shall 
each be afforded 50 hours to present their case, including opening statements and closing 
arguments. The Court shall reserve 90 minutes for each party for closing arguments. The parties 
shall receive daily timesheets advising of the time remaining. Any concerns must be raised 
immediately or will be waived. 
3. Court Access: The Court will reserve for each side space for roughly 20 attendees: 
(i) for the plaintiffs, two full rows on the plaintiffs’ side of the courtroom (one in front of the bar 
and one behind the bar) and (ii) for the defendants, the defendants’ side of the courtroom. On the 

 
2 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
United States District Court 
Northern District of California 
plaintiffs’ side, the two rows behind the plaintiffs will be reserved for the press. The balance of 
the courtroom will be reserved for the public on a first-come, first-serve basis. There will be an 
overflow room in the courthouse with video access. The Court will audio stream the trial pursuant 
to local rule 77-3. 
4. This is a public trial. All parties and witnesses shall enter the courthouse through 
the front door and proceed through security. In rare circumstances, the Court may approve 
exceptions after ex parte security discussions. 
5. This serves as a reminder that the Court rules prohibit taking any pictures or digital 
recording of a courthouse proceeding, including a jury trial. To assist the Court in monitoring 
compliance, all electronic devices that cannot be easily monitored, such as Meta Glasses or certain 
other smart devices, are prohibited from being brought into the courthouse. 
6. Standard Motions in Limine: The Court hereby orders that: (a) witnesses shall be 
excluded until testimony is completed; (b) there shall be no reference to or evidence presented of 
settlement discussions, mediation, or insurance; and (c) there shall be no reference to or evidence 
presented of wealth or lack thereof of any party except in the punitive damage phase of a case, to 
the extent it exists. 
 A motion in limine refers “to any motion, whether made before or during trial, to exclude 
anticipated prejudicial evidence before the evidence is actually offered.” Luce v. United States, 
469 U.S. 38, 40, n. 2 (1984). 
7. Parties are ordered to admonish witnesses of the Court’s rulings. Failure to comply 
with a ruling by the Court may result in sanctions, including without limitation the striking of the 
witness’s entire testimony. 
8. Witnesses: The parties are limited to calling the witnesses submitted on the list 
filed for the Pretrial Conference. Upon a showing of good cause, including for rebuttal or 
impeachment purposes, additional witnesses will only be allowed by Court order. 
9. By Noon on Wednesday, June 17, 2026, the parties shall deliver via email a single 
joint list of all witnesses, attorneys, and others involved in the trial, in alphabetical order to be 
shown to prospective jurors during voir dire. The list shall be legible and formatted to fit on one 

 
3 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
United States District Court 
Northern District of California 
page. 
10. Exhibits and Exhibit Lists: The parties are limited to using the Exhibits 
submitted on the Exhibit List. No witness may be shown any document or other object until it has 
been marked for identification using an exhibit number. The parties shall file updated Exhibit 
Lists identifying those for which a stipulation of admissibility exists with an “S” in the appropriate 
box. 
11. Given the length of the exhibit list, the Court expects that the parties are proceeding 
with witness binders. Standing Order re PreTrial Instructions, ¶ 6.h.iii. 
12. Parties are reminded that the jury may not be shown any exhibits until admitted 
into evidence or stipulated by the parties as to admissibility without the express permission of the 
Court. Standing Order re PreTrial Instructions, ¶ 6.f.iii. 
13. To allow for public access to admitted exhibits, by no later than 3:00 p.m. each day, 
counsel shall make public any admitted exhibit. By Monday June 22, 2026, the parties shall meet 
and confer with respect to posting of those documents. The parties shall report the decision to the 
Court at the next conference. 
14. Audio Evidence: Parties are advised that with respect to any significant amount of 
audio and/or audio-video evidence, the court reporter is relieved of the obligation to transcribe in 
real time. On each day video/audio is played during trial, by end of day, parties must provide the 
court reporter with a transcript of that video/audio so that it can be attached to the transcript. 
15. Equipment: Projectors, screens and similar equipment must be tested in the 
courtroom prior to the day when it will be used. Arrangements may be made with the Courtroom 
Deputy, Edwin Cuenco, at (510) 637-3540, as to appropriate time for doing so. Counsel shall 
send the Court a proposed form of order if they would like to bring equipment into the courthouse. 
The United States Marshal Service requires an order. 
16. Parties may use an encrypted digital wireless system that includes a receiver and 
transmitter with XLR connector. 
17. The parties shall review the Court’s policy regarding the jury’s use of a computer 
during deliberations at http://cand.uscourts.gov/jurypc. 

 
4 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
United States District Court 
Northern District of California 
18. Jurors and Peremptory Challenges: The Court will seat a total of eight (8) jurors 
and no alternates. The Court sets the number of peremptory challenges at four (4). Motions under 
Batson v. Kentucky, 476 U.S. 79 (1986) for improper use of challenges must be made in a timely 
fashion. Argument on the same shall be made outside the presence of the jury panel. The Court 
will conduct the voir dire but will allow each side fifteen (15) minutes for follow-up. 
19. In accordance with Model Rule of Professional Conduct 3.5(b) and Formal Opinion 
for 466, the parties “may review a juror's or potential juror's Internet presence, which may include 
postings by the juror or potential juror in advance of and during the trial, but...may not 
communicate directly or through another with a juror or potential juror.” A party “may not, either 
personally or through another, send an access request to a juror's electronic social media. An 
access request is a communication to a juror asking the juror for information that the juror has not 
made public and that would not be the type of ex parte communication prohibited by Model Rule 
3.5(b).” Further, to the extent that a party asks any follow-up questions to a prospective juror 
during voir dire regarding information obtained from the review, the party shall disclose the 
review to the juror. 
20. Jury Instructions: Parties shall be prepared to re-format proposed final jury 
instructions in the manner shown in United States of America v. John Bellhouse, 22-cr-0066-YGR, 
Docket No. 151. 
21. Expert Disclosures/Fed. R. Civ. P. 68 Offers: To the extent not already 
provided, counsel shall lodge with the Court a copy of all expert disclosures, including any 
supplements, as well as all offers of judgment made under Fed. R. Civ. P. 68 no later than June 
26, 2026. 
22. Doe Defendants: All Doe Defendants will be deemed dismissed once the jury, or 
first witness, is sworn, whichever occurs first. 
23. Depositions to be Used at Trial: Any party intending to use a deposition 
transcript at trial for any purpose shall lodge the signed original (or a certified/stipulated copy if, 
for any reason, the original is not available) for use by the Court and shall have extra copies 
available for use by the questioning lawyer and the witness. All other parties are expected to have 

 
5 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
United States District Court 
Northern District of California 
their own copies available. The parties shall each prepare and provide an index of the lodged 
transcripts and shall review the same with the courtroom deputy upon lodging the transcripts. The 
index shall provide a space for the party and the courtroom deputy to confirm delivery of and 
receipt of each transcript. Delivery of the transcripts shall occur no later than July 27, 2026. 
24. Before each trial day, counsel shall confer with the courtroom deputy and identify 
which of the transcripts may be used that day. 
25. Witnesses at Trial: The party presenting evidence shall give the other party 24 
hours written notice of the witnesses to be called unless otherwise agreed upon by the parties 
themselves. For witnesses on a Monday, written notice shall be provided by the prior Saturday at 
noon. The parties are admonished that use of trial time is critical given the limited resources of 
the Court. All parties must have witnesses ready and available to testify. If the party presenting 
evidence does not have a witness ready to be called once the preceding witness steps down, that 
party may be deemed to have rested its case. Further, and as explained, time does not stop while 
waiting for witnesses to arrive in Court. Witnesses may be taken out of order upon stipulation or 
with leave of Court provided that the circumstances giving rise to such an accommodation are 
promptly called to the attention of opposing counsel and the Court. 
26. Objections: There shall be no “speaking objections,” and no rebuttal unless 
requested by the Court, in which case it shall be brief – e.g., “hearsay,” and if a rebuttal requested, 
“not offered for the truth.” If either counsel needs to make a better record, he/she may do so when 
the jury is out at the next break. To do otherwise could result in the inappropriate coaching of the 
witness. 
27. Jury Questions: The Court allows written jury questions, which it will share with 
counsel at the break(s) and then place in the record. 
28. Requests for Transcripts: If transcripts will be requested during or immediately 
after the trial, arrangements must be made with the Court Reporter Coordinator (Telephone No. 
415-522-2079) no later than June 15, 2026. See https://www.cand.uscourts.gov/about/clerks-
office/transcripts-court-reporters/. 
29. Settlement: Counsel shall promptly notify the Court by phone and email (for after 

 
6 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
United States District Court 
Northern District of California 
hours, use: ygrchambers@cand.uscourts.gov) of any settlement. The notification shall indicate 
what further steps need to be taken to finalize the settlement. Unless the Court receives notice of 
settlement by 4:00 p.m. on the Monday prior to the Wednesday trial, jury costs will be assessed 
where the parties do not proceed to trial as scheduled. Civ. L.R. 40-1. Parties are advised that the 
trial and all trial-related dates will not be vacated until a formal Notice of Settlement is filed. 
30. Trial Decorum and Procedure: Counsel, parties, and witnesses are expected to 
conduct themselves at all times – on or off the record and whether or not in the presence of a jury 
– in a professional and courteous manner during trial. Do NOT approach other parties’ witnesses 
without permission. You may approach your own non-hostile witnesses without permission. 
 During voir dire you will be allowed to use the bathrooms in the jury room so that you do not 
share the facilities with the jurors. You may not linger in the jury room or use any exit door other 
than the one leading to the courtroom. 
31. Procedural Stipulations: The parties shall review and file the procedural 
stipulations included herewith as Attachment B. To the extent any objections exist, the parties 
shall contact the Court immediately. 
32. Trial Exhibit Certification: Upon conclusion of the trial, the parties shall review 
the exhibits and confirm the accuracy of those going into the jury room. The parties shall 
complete, deliver, and file the certification in the form included herewith at Attachment C. 
33. Failure to Comply: Failure to comply with the obligations set forth in this order 
will result in sanctions appropriate to the gravity of the failure, including, but not limited to 
monetary fines and/or terminating sanctions. 
34. Advisory Jury: 
An advisory jury will be empaneled for portions of this trial, as discussed in more detail on 
the record at the May 27, 2026 conference. Meta argues that this Court does not have discretion to 
empanel an advisory jury in this case. 
The Court finds that it has full discretion to empanel an advisory jury. 
Federal Rule of Civil Procedure 39(c) states, “In an action not triable of right by a jury, the 
court, on motion or on its own [] may try any issue with an advisory jury.” At the May 27, 2026 

7 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
United States District Court 
Northern District of California 
conference, Meta stated its position that all of plaintiffs’ claims are equitable, not legal.1 
“An advisory jury aids the court in discharging its functions. For this reason, the case law 
is abundantly clear: it is completely within the trial judge’s discretion under Rule 39(c) whether or 
not to use an advisory jury, and the district court’s exercise of discretion is virtually 
unreviewable.” Charles Alan Wright & Arthur R. Miller, Federal Practice & Procedure § 2335 
(4th ed. 2020). Although “[j]udges do not always explain why they have chosen to call, or not to 
call, an advisory jury. . . . it often reflects the circumstances of the particular case, thereby 
allowing the judge to get some appreciation for the common sense or standard of the community, 
or notions of efficiency or convenience.” Id. 
As repeatedly explained on the record, including at the May 27, 2026 conference, the 
issues at play in this trial impact the daily lives of the public across the states involved. Issues 
regarding alleged deceptive practices and communications are better informed when members of 
the public consider them. Thus, the Court deems it prudent to call an advisory jury to solicit the 
“standard of the community.” Further, this may ultimately make the proceedings more efficient 
given the anticipated factual findings from the jury. 
The parties shall submit a proposal to the Court of the questions to be presented to the 
advisory jury no later than June 17, 2026. 
This Order terminates Dkt. No. 274.2 
IT IS SO ORDERED. 
Dated: 
______________________________________ 
YVONNE GONZALEZ ROGERS 
UNITED STATES DISTRICT COURT JUDGE 
1 Even if certain of plaintiffs’ claims are legal, this action is not triable of right by a jury 
because Meta has withdrawn its jury demand. (See Dkt. No. 274.) 
2 The plaintiffs withdrew their objection to Meta’s withdrawal of the jury demand, 
therefore the Court granted the motion on the record at the April 15 Conference. 
June 11, 2026

Passage view · GavelSight