Remark Enterprises LLC et al v. Mecotec GMBH et al

Filing 32

STIPULATION and ORDER signed by District Judge John A. Mendez on 5/8/2017 ORDERING that the Stipulated Testimony and the Exhibits shall be admitted for use for any and all purposes at trial. The Parties have waived all objections to the admissibility of the Stipulated Testimony for any purpose. The Parties have waived all objections to the admissibility of the Exhibits for any purpose. (Zignago, K.)

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A PROFESSIONAL CORPORATION
Martin N. Jensen, SBN 232231
Katlyn L. Gregg, SBN 306078
350 University Avenue, Suite 200
Sacramento, California 95825
TEL: [phone]
FAX: [phone]

Attorneys for Plaintiffs
REMARK ENTERPRISES LLC and, US CRYOTHERAPY DIRECT SALES LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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REMARK ENTERPRISES LLC and, US
CRYOTHERAPY DIRECT SALES LLC,

v.

STIPULATION AND ORDER
REGARDING THE ADMISSION OF ICC
ARBITRATION TESTIMONY AT
TRIAL

MECOTEC GMBH and MECOTEC SALES
GMBH,

Complaint Filed: April 13, 2016
Trial Date: April 2, 2018

Plaintiffs,

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CASE NO. 2:16-cv-00755-JAM-CKD

Defendants
___________________________________/

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Plaintiffs, Remark Enterprises LLC, US Cryotherapy Direct Sales LLC, and Defendants,

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Mecotec GmbH, and Mecotec Sales GmbH (collectively the “Parties”), by and through their

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attorneys of record, hereby stipulate as follows:

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RECITALS

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A.

In or around February, 2016, Defendant Mecotec GmbH filed a request for

arbitration with the International Court of Arbitration (“ICC”) in Europe against Remark
Enterprises LLC claiming a breach of an exclusive distribution agreement which is at issue in the

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present case.
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STIPULATION AND ORDER REGARDING THE ADMISSION OF ICC ARBITRATION TESTIMONY AT
TRIAL

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B.

On December 15, 2016, the Parties attended and took part in the ICC arbitration

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proceedings (the “Arbitration”) held in Germany.

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Defendant Mecotec GmbH were represented by counsel at the Arbitration.

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C.

Plaintiff Remark Enterprises LLC and

At the Arbitration, several witnesses testified, including a third party witness

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named Hanspeter Nitz. Mr. Nitz was subject to examination by counsel for Plaintiff Remark

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Enterprises LLC and Defendant Mecotec GmbH regarding the exclusive distribution agreement at

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issue in the present case.

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D.

The testimony given by Mr. Nitz relates to the issues to be decided at trial in the

present case. However, due to illness, geographical distance, and this Court’s lack of jurisdiction

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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over Mr. Nitz, it is unlikely that Mr. Nitz will attend the trial in the present case.
E.

As a result of the above, the Parties have agreed to admit the testimony of Mr. Nitz

from the Arbitration, in its entirety, for use for any and all purposes at trial in the present case as
set forth below.

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F.

The Parties stipulate to admit the Exclusive Distribution Agreement marked for

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purposes of the Arbitration as Claimant’s Exhibit C-1 for use for any and all purposes at trial in
the present case as set forth below.
G.

The Parties further stipulate to admit the Letter of Intent marked for purposes of the

Arbitration as Claimant’s Exhibit C-8 for use for any and all purposes at trial in the present case as

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set forth below.
STIPULATION

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1.

The testimony of Hanspeter Nitz from the International Court of Arbitration Case

No. 21620, dated December 15, 2016 (attached hereto as Exhibit A) shall be admitted for use for
any and all purposes at trial in the present case (the "Stipulated Testimony").

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2.

The Exclusive Distribution Agreement marked for purposes of the Arbitration as C-

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STIPULATION AND ORDER REGARDING THE ADMISSION OF ICC ARBITRATION TESTIMONY AT
TRIAL

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1 and the Letter of Intent marked for purposes of the Arbitration as C-8 (the “Exhibits”) shall be
admitted for use for any and all purposes at trial in the present case.
3.

This stipulation and agreement does not apply to any other exhibits marked at the

Arbitration or to Mr. Nitz’ “witness statement.”

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4.

Any and all objections to the admissibility of the Stipulated Testimony for any

purpose are hereby waived.
5.

Any and all objections to the admissibility of the Exhibits for any purpose are

hereby waived.
IT IS SO STIPULATED:

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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Dated: May 8, 2017

PORTER SCOTT
A PROFESSIONAL CORPORATION

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By:

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/s/ Martin N. Jensen
Martin N. Jensen
Katlyn L. Gregg
Attorneys for Plaintiffs

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Dated: May 5, 2017

JEFFER MANGELS BUTLER &
MITCHELL LLP

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By:

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/s/ Matthew S. Kenefick
Matthew S. Kenefick
Afua Adjei
Attorneys for Defendants
MECOTEC GMBH and MECOTEC
SALES GMBH

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STIPULATION AND ORDER REGARDING THE ADMISSION OF ICC ARBITRATION TESTIMONY AT
TRIAL

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ORDER

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Good cause appearing, the Stipulated Testimony and the Exhibits shall be admitted for use
for any and all purposes at trial in the present case. The Parties have waived all objections to the

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admissibility of the Stipulated Testimony for any purpose. The Parties have waived all objections

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to the admissibility of the Exhibits for any purpose.

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IT IS SO ORDERED.

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Dated: 5/8/2017

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/s/ John A. Mendez_____________
United States District Court Judge

PORTER | SCOTT

350 University Avenue, Suite 200
Sacramento, CA 95825
TEL: [phone]
FAX: [phone]

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STIPULATION AND ORDER REGARDING THE ADMISSION OF ICC ARBITRATION TESTIMONY AT
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