ATS Products, Inc. v. Ghiorso et al

Filing 167

FIRST PRETRIAL ORDER Signed by Magistrate Judge Bernard Zimmerman deferring ruling on re 132 Motion in Limine; deferring ruling on re 133 Motion in Limine; granting re 138 Ex-Parte Application. (bzsec, COURT STAFF) (Filed on 9/27/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ATS PRODUCTS INC.,

)
)
)
Plaintiff(s),
)
)
v.
)
FRANK GHIORSO, THERMALGUARD )
TECHNOLOGY LLC, THERMALGUARD)
)
LLC,
)
)
Defendant(s).
)
)
FRANK GHIORSO,
)
Counter-Claimant, )
)
)
v.
)
ATS PRODUCTS, INC.; LAWRENCE)
E. SHEA, individually and in)
his capacity as Trustee of )
the 1992 SHEA FAMILY TRUST; )
SHEA TECHNOLOGY, LLC, and
)
HELEN SHEA.
)
)
)

No. C10-4880 BZ
FIRST PRETRIAL ORDER

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The first pretrial conference in this case was held on

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September 26, 2011.

Plaintiff was represented at the

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conference by Marc L. Shea, Esq.

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by John V. Picone, Esq.
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Defendants were represented

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MOTIONS
Motion No. 1 (to Exclude the Testimony of David L. Cowen

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at the Time of Trial): Based on the limited showing made, I

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am not satisfied that Mr. Cowen is a proper rebuttal expert,

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and might not permit him to testify.

I may reconsider this

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after I hear Plaintiff’s testimony.

If Defendants intend to

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try to have Mr. Cowen testify at trial, Defendants must make

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the laptop computer at issue available to Plaintiff for

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examination.

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Motion No. 2 (to Exclude the Testimony of Dr. Louis A.

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Pilato and Frank Ghiorso): The parties are ordered to

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schedule depositions of the parties’ disclosed experts as

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early as practicable.

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deposed, I will entertain a motion to exclude that expert’s

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testimony.

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If any expert witness is not timely

Defendants’ objections to Plaintiff’s expert witnesses

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(Docket No. 150) are OVERRULED for the reasons stated at the

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conference.

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prior to trial, Defendants must make a showing at the next

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pretrial conference that such a hearing is necessary.

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If Defendants wish to hold a Daubert hearing

Defendants’ Ex-Parte Motion to Enlarge Time to File

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Certain Trial Documents is GRANTED.

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2.

EXHIBITS AND JURY INSTRUCTIONS
The parties shall meet and confer in an effort to agree

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on exhibits and jury instructions consistent with the

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guidance given during the first pretrial conference.

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///

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///
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LENGTH AND TIME OF TRIAL
Rulings on the motion to continue and motion to withdraw

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are forthcoming.

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Dated: September 27, 2011

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Bernard Zimmerman
United States Magistrate Judge

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G:\BZALL\-BZCASES\ATS V. GHIORSO\PRETRIAL\FIRST PRETRIAL ORDER.wpd

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