Gardensensor, Inc v. Stanley Black & Decker, Inc
Filing
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ORDER GRANTING JOINT STIPULATION REGARDING PRETRIAL AND TRIAL PROTOCOL [121-2]. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/17/2014)
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Jason S. Takenouchi (CA Bar No. 234835)
jtakenouchi@kasowitz.com
Robyn King Richards (CA Bar No. 191335)
rking@kasowitz.com
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
101 California Street, Suite 2300
San Francisco, California 94111
Telephone: (415) 421-6140
Facsimile: (415) 398-5030
Michael P. Bowen (Admitted Pro Hac Vice)
mbowen@kasowitz.com
Trevor J. Welch (Admitted Pro Hac Vice)
twelch@kasowitz.com
Olga Fuentes Skinner (Admitted Pro Hac Vice)
ofuentes@kasowitz.com
KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
1633 Broadway
New York, New York 10019
Telephone: (212) 506-1700
Facsimile: (212) 506-1800
Attorneys for Plaintiff
GARDENSENSOR, INC.
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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.
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Plaintiff GardenSensor, Inc. (“GardenSensor”) and Defendant Black & Decker
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(U.S.), Inc., (“Black & Decker”), submit this Joint Stipulation and [Proposed] Order
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Regarding Pretrial and Trial Protocol.
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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
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based on genuineness under Federal Rule of Civil Procedure 36, or authenticity under
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Federal Rule of Evidence 901:
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a. Documents identified by GardenSensor or Black & Decker as exhibits for trial in
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the Parties’ pre-trial disclosures pursuant to Fed. R. Civ. P. 26(a)(3), subject to
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the reservation of their right to supplement, amend, or modify this list up to and
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through the time of trial; and
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b. Correspondence, e-mails, and their attachments that both (i) were produced in this
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litigation by either GardenSensor or Black & Decker, and (ii) purport to have
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been authored or created by any of them.
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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;
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b. Shall be subject to the Court’s ruling on any motion in limine;
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c. Shall not constitute or effect a waiver or limitation of the Parties’ rights to object
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to any testimony, argument, or demonstrative material (even if such testimony,
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argument or demonstrative material relates to or concerns the same or similar
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subject matter as any exhibit stipulated to herein as not objectionable based on
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genuineness or authenticity); and
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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.
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TRIAL INFORMATION EXCHANGE PROTOCOL
3. Every party that intends to call or calls a live witness to testify at trial shall provide
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written notice of the witness by 6 p.m. on the date two days before the witness may be
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called to testify; provided, however, as a witness may be called on a Monday, notice of
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that witness shall be provided by 6 p.m. of the preceding Friday.
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shall give fair notice to Defendant in anticipation of resting their case in chief to allow
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Defendant to provide sufficient notice of witnesses.
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However, Plaintiff
4. Every party that intends to call or calls a witness by videotape or via written deposition
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designations shall provide written notice of the witness and proposed testimony
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designations by 6 p.m. on the date two days before the witness testimony may be
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introduced and any counter designations shall be served in writing by 6 p.m. on the date
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before the witness testimony may be introduced.
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5. Copies of documents may be used at trial in lieu of originals and shall not be deemed
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inadmissible solely on the basis that they are copies.
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make originals available to the other side, if available.
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Upon request, both parties shall
6. Both parties expect to use demonstrative exhibits, including graphic or audiovisual
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presentations, to illustrate arguments and witness testimony and to aid the Court and the
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jury’s understanding of the same.
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demonstratives until at least before trial.
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must be provided to the other party at least twenty-four hours before it is presented to
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the Court or jury, to give the other party time to evaluate it and raise any objections with
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the Court without interrupting the other party’s case
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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
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ballooning, excerption, or highlighting of such exhibits need not be given (and need not
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be exchanged as a demonstrative exhibit) so long as the party has identified its intention
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to use the trial exhibit according to the preceding paragraph.
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8. Demonstratives shall not go to the jury unless admitted into evidence.
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Nothing in this stipulation shall be deemed as a concession of admission by any
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party with respect to any issue that is not expressly addressed under the terms of this
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stipulation. To the contrary, by entering into this stipulation and except as otherwise
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provided herein, the parties reserve all of their rights, defenses, positions, and arguments in
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the above-captioned action, including any appeals thereof.
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KASOWITZ, BENSON, TORRES & FRIEDMAN LLP
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By:
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Michael P. Bowen
Trevor J. Welch
Olga Lucia Fuentes Skinner
Robyn King Richards
Attorneys for Plaintiff
GARDENSENSOR, INC.
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HAIGHT BROWN BONESTEEL
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By:_______________________________
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
S
2014
Hon. Nathanael CousinsD
TE
GRAN
United States District Court Judge
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Judge Na
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Dated: October 17
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