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)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Jason S. Takenouchi (CA Bar No. 234835) Robyn King Richards (CA Bar No. 191335) 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) Trevor J. Welch (Admitted Pro Hac Vice) Olga Fuentes Skinner (Admitted Pro Hac Vice) 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. 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

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