Levi Strauss & Company v. Abercrombie & Fitch Trading Company

Filing 324

ORDER RULING ON 318 Joint List of Objections to Exhibits. Signed by Judge Jeffrey S. White on December 12, 2008. (jswlc3, COURT STAFF) (Filed on 12/12/2008)

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA LEVI STRAUSS & COMPANY, Plaintiff, v. ABERCROMBIE & FITCH TRADING COMPANY, Defendants. / The Court has reviewed and considered the parties' objections to exhibits and sets forth its rulings as follows: Abercrombie & Fitch's Exhibits Trial Exhibit Number 12 13 Ruling Overruled Sustained in part. Page 3021 shall be excluded from the exhibit. 14 Reserved pending testimony on use at trial and pending further argument regarding disclosure of particular design at issue. If design not produced in discovery, the exhibit shall not be admitted. 90 Reserved pending further argument from parties on relevance. No. 07-03752 JSW ORDER ON OBJECTIONS TO EXHIBITS

United States District Court

11
For the Northern District of California

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101 103 107

Sustained. Sustained. Sustained. Per the Court's prior ruling, no reports from experts shall be admitted into evidence.

Levi Strauss & Company's Exhibits Trial Exhibit Number 213 226 242 Ruling Overruled. Sustained. Rule 403 Reserved. Abercrombie shall advise the Court on December 17, 2008, if they have inspected and whether they have withdrawn the objection. 243-254 The parties shall meet and confer in an attempt to reduce the number of exhibits to be offered. The Court reserves ruling on the objections to these exhibits. 255 257, 262-265 Sustained. The parties shall meet and confer in an attempt to reduce the number of exhibits to be offered. The Court reserves ruling on the objections to these exhibits. 267 Overruled.

United States District Court

11
For the Northern District of California

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278

Reserved. Abercrombie shall advise the Court on December 17, 2008 whether it has inspected the exhibit and whether it has withdrawn the objection.

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279

Reserve. The Court requires further information laying a foundation for admission of the exhibit.

283 284 285 286 287

Overruled. Sustained. Reserved, subject to proper authentication. Reserved, subject to proper authentication. Sustained on the basis of inadmissible hearsay and Rule 403.

288

Sustained on the basis of inadmissible hearsay and Rule 403.

United States District Court

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For the Northern District of California

289

Sustained on the basis of inadmissible hearsay and Rule 403.

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 298 322 323 325 331-350 291

Reserved pending testimony at trial to evaluate relevance. Overruled Reserved. Reserved. Sustained. Overruled. The Court shall address the parties after Wednesday's session in more detail regarding its ruling. The parties shall not refer to particular designs that have been challenged or allowed to remain in the market place during opening statements. The parties may refer to Levi's enforcement efforts, or lack thereof, generally.

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354-357

Reserved. The Court shall hear further argument on whether the particular exhibits were produced in discovery. If they were not, they shall not be admitted.

IT IS SO ORDERED.

Dated: December 12, 2008

JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

United States District Court

11
For the Northern District of California

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