MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

Filing 96

ORDER: Bench Trial set for 1/8/2009 at 09:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 9/29/2008. (NVJ)

MDY Industries, LLC v. Blizzard Entertainment, Inc. et al Doc. 96 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 ) ) Plaintiff/Counterdefendant, ) ) ) vs. ) ) Blizzard Entertainment, Inc.; and ) Vivendi Games, Inc., ) Defendants/Counterclaimants.) ) ) __________________________________) ) ) Blizzard Entertainment, Inc.; and ) Vivendi Games, Inc., ) ) Third-Party Plaintiffs, ) ) vs. ) ) Michael Donnelly, ) ) Third-Party Defendant. ) ) ) MDY Industries, LLC, No. CV-06-2555-PHX-DGC IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ORDER SETTING TRIAL A Final Pretrial Conference was held on September 24, 2008. Counsel appeared on behalf of Plaintiff and Defendant. On the basis of the parties' written submissions and the hearing, IT IS HEREBY ORDERED: 1. A Bench trial in this matter shall begin on January 8, 2009, at 9:00 a.m. Dockets.Justia.com 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 2. The bench trial shall last 1.5 days (January 8 and 9, 2009). Plaintiff shall be allotted 2.5 hours of trial time and Defendants shall be allotted 4.5 hours of trial time. The Court will keep track of each side's time. Opening and closing statements, direct examination, and cross-examination shall be counted against the parties' allotted time. The trial will be to the Court. 3. The parties' proposed final pretrial order was approved by the Court as the The Court will also allow the parties to submit a final pretrial order in this case. supplemental proposed final pretrial order addressing the question of injunctive relief. This supplemental order shall be filed within 21 days of the date of this order. The original and supplemental proposed final pretrial orders shall govern the presentation of evidence and other trial issues, and, pursuant to Rule 16(e) of the Federal Rules of Civil Procedure, shall be modified only to prevent manifest injustice. Evidence, objections, legal arguments, and relief not requested or identified in the original or supplemental order shall not be available at trial, except to prevent manifest injustice. 4. The parties have agreed that the Court should enter a stipulated judgment concerning damages. The parties shall file a stipulation that attaches the judgment to be entered by the Court, and counsel shall submit a Word or WordPerfect copy of the judgment to the Court's chambers. DATED this 29th day of September, 2008. -2-