Gardensensor, Inc v. Stanley Black & Decker, Inc

Filing 164

ORDER GRANTING JOINT STIPULATION REGARDING PRETRIAL AND TRIAL PROTOCOL [121-2]. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/17/2014)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Jason S. Takenouchi (CA Bar No. 234835)
[e-mail]
Robyn King Richards (CA Bar No. 191335)
[e-mail]
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
101 California Street, Suite 2300
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Michael P. Bowen (Admitted Pro Hac Vice)
[e-mail]
Trevor J. Welch (Admitted Pro Hac Vice)
[e-mail]
Olga Fuentes Skinner (Admitted Pro Hac Vice)
[e-mail]
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
1633 Broadway
New York, New York 10019
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
GARDENSENSOR, INC.

15
16
17
18
19
20
21
22
23
24
25
26
27
28

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
GARDENSENSOR, INC., a Delaware Corporation, Case No. C 12-03922 NC
formerly known as PLANTSENSE, INC., a
Delaware Corporation,
JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING PRETRIAL AND TRIAL
Plaintiff,
PROTOCOL
v.
The Honorable Nathanael Cousins
STANLEY BLACK & DECKER, INC., a
Delaware Corporation, formerly known as, BLACK
& DECKER (U.S.), INC., a Maryland Corporation,
Defendant.

1

Plaintiff GardenSensor, Inc. (“GardenSensor”) and Defendant Black & Decker

2

(U.S.), Inc., (“Black & Decker”), submit this Joint Stipulation and [Proposed] Order

3

Regarding Pretrial and Trial Protocol.

4
5
6
7

Accordingly, GardenSensor and Black & Decker, collectively (the “Parties”)
hereby stipulate and agree as follows.
AUTHENTICITY OF DOCUMENTS
1. The Parties will not object to the admissibility of any of the documents described below

8

based on genuineness under Federal Rule of Civil Procedure 36, or authenticity under

9

Federal Rule of Evidence 901:

10

a. Documents identified by GardenSensor or Black & Decker as exhibits for trial in

11

the Parties’ pre-trial disclosures pursuant to Fed. R. Civ. P. 26(a)(3), subject to

12

the reservation of their right to supplement, amend, or modify this list up to and

13

through the time of trial; and

14

b. Correspondence, e-mails, and their attachments that both (i) were produced in this

15

litigation by either GardenSensor or Black & Decker, and (ii) purport to have

16

been authored or created by any of them.

17
18
19

2. IT IS FURTHER STIPULATED AND AGREED, that this Stipulation:
a. Shall not constitute or effect a waiver or limitation of the Parties’ rights from any
prior or future rulings in this matter, which rights are expressly reserved;

20

b. Shall be subject to the Court’s ruling on any motion in limine;

21

c. Shall not constitute or effect a waiver or limitation of the Parties’ rights to object

22

to any testimony, argument, or demonstrative material (even if such testimony,

23

argument or demonstrative material relates to or concerns the same or similar

24

subject matter as any exhibit stipulated to herein as not objectionable based on

25

genuineness or authenticity); and

26
27

d. Shall not constitute or effect a waiver or limitation on the Parties’ rights to object
to any document on grounds other than foundation, genuineness, or authenticity.

28
1

1
2

TRIAL INFORMATION EXCHANGE PROTOCOL
3. Every party that intends to call or calls a live witness to testify at trial shall provide

3

written notice of the witness by 6 p.m. on the date two days before the witness may be

4

called to testify; provided, however, as a witness may be called on a Monday, notice of

5

that witness shall be provided by 6 p.m. of the preceding Friday.

6

shall give fair notice to Defendant in anticipation of resting their case in chief to allow

7

Defendant to provide sufficient notice of witnesses.

8

However, Plaintiff

4. Every party that intends to call or calls a witness by videotape or via written deposition

9

designations shall provide written notice of the witness and proposed testimony

10

designations by 6 p.m. on the date two days before the witness testimony may be

11

introduced and any counter designations shall be served in writing by 6 p.m. on the date

12

before the witness testimony may be introduced.

13

5. Copies of documents may be used at trial in lieu of originals and shall not be deemed

14

inadmissible solely on the basis that they are copies.

15

make originals available to the other side, if available.

16

Upon request, both parties shall

6. Both parties expect to use demonstrative exhibits, including graphic or audiovisual

17

presentations, to illustrate arguments and witness testimony and to aid the Court and the

18

jury’s understanding of the same.

19

demonstratives until at least before trial.

20

must be provided to the other party at least twenty-four hours before it is presented to

21

the Court or jury, to give the other party time to evaluate it and raise any objections with

22

the Court without interrupting the other party’s case

23

Both parties anticipate revising and improving such
Therefore, any such demonstrative material

7. Notice of a party’s intended use of blow-ups (enlargements) of trial exhibits and of

24

ballooning, excerption, or highlighting of such exhibits need not be given (and need not

25

be exchanged as a demonstrative exhibit) so long as the party has identified its intention

26

to use the trial exhibit according to the preceding paragraph.

27

8. Demonstratives shall not go to the jury unless admitted into evidence.

28
2

1

Nothing in this stipulation shall be deemed as a concession of admission by any

2

party with respect to any issue that is not expressly addressed under the terms of this

3

stipulation. To the contrary, by entering into this stipulation and except as otherwise

4

provided herein, the parties reserve all of their rights, defenses, positions, and arguments in

5

the above-captioned action, including any appeals thereof.

6

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

7
By:

8

Michael P. Bowen
Trevor J. Welch
Olga Lucia Fuentes Skinner
Robyn King Richards
Attorneys for Plaintiff
GARDENSENSOR, INC.

9
10
11
12
13

HAIGHT BROWN BONESTEEL

14

By:_______________________________

15
PURSUANT TO STIPULATION, IT IS SO ORDERED.

S
2014

Hon. Nathanael CousinsD
TE
GRAN
United States District Court Judge

20

NO

21

RT

22

than
Judge Na

ER

24
25
26
27
28
3

usins

A

H

23

ael M. Co

FO

Dated: October 17

UNIT
ED

19

RT
U
O

18

S DISTRICT
TE
C
TA

R NIA

17

LI

16

N

F
D IS T IC T O
R

C