United States Of America v. Bazaarvoice, Inc.

Filing 104

JOINT STIPULATION AND ORDER REGARDING ADMISSIBILITY AND USE OF DEPOSITION TESTIMONY AT TRIAL re 102 STIPULATION WITH PROPOSED ORDER. Signed by Judge William H. Orrick on 08/14/2013. (jmdS, COURT STAFF) (Filed on 8/14/2013)

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BORIS FELDMAN, State Bar No. 128838
DYLAN J. LIDDIARD, State Bar No. 203055
DOMINIQUE-CHANTALE ALEPIN, State Bar No. 241648
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail];
[e-mail]; [e-mail]

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Attorneys for Defendant Bazaarvoice, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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United States of America,

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Plaintiff,

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v.

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Bazaarvoice, Inc.,

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Defendant.

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CASE NO.: 13-cv-0133 WHO
JOINT STIPULATION AND ORDER
REGARDING ADMISSIBILITY
AND USE OF DEPOSITION
TESTIMONY AT TRIAL
Complaint Filed:
Judge:
Trial Date:

January 10, 2013
Hon. William Orrick
September 23, 2013

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WHEREAS, the parties have met and conferred regarding the admissibility and use of

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deposition testimony for those witnesses whose deposition testimony may be considered at trial

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pursuant to Federal Rule of Civil Procedure 32;

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WHEREAS, the parties believe in the interest of judicial efficiency, the Court should

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consider deposition testimony taken in this case as evidence without having it read into the

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record at trial;

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WHEREAS, the parties have met and conferred concerning the admissibility of
deposition testimony provided by certain witnesses who reside within 100 miles;

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JOINT STIPULATION AND ORDER REGARDING
ADMISSIBILITY AND USE OF DEPOSITION
TESTIMONY
13-CV-0133 WHO

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NOW THEREFORE, it is hereby stipulated and agreed between Plaintiff and Defendant
through their respective counsel listed below, subject to the approval of the Court, that:
1. The parties shall be able to use as substantive evidence the deposition testimony of

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the corporate representatives of Gigya, Lithium, Clorox, Paypal, Wine.com, Seagate,

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and Orchard Supply; and

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2. All deposition testimony that would be considered substantive evidence under Federal

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Rule 32 (including the deposition testimony noted above in Paragraph 1) shall be

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considered as substantive evidence without having to be read into the record at trial.

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IT IS SO STIPULATED

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Dated: August 12, 2013

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By:
/s/ Dominique-Chantale Alepin
Dominique-Chantale Alepin
Wilson Sonsini Goodrich & Rosati
650 Page Mill Rd
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendant Bazaarvoice, Inc.
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Dated: August 12, 2013
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By:
/s/ Peter K. Huston
Peter K. Huston
Assistant Chief
United States Department of Justice
Antitrust Division
450 Golden Gate Ave.
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
United States of America

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JOINT STIPULATION AND ORDER REGARDING
ADMISSIBILITY AND USE OF DEPOSITION
TESTIMONY
13-CV-0133 WHO

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.

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Dated: August 14, 2013
Hon. William Orrick
United States District Court Judge

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JOINT STIPULATION AND ORDER REGARDING
ADMISSIBILITY AND USE OF DEPOSITION
TESTIMONY
13-CV-0133 WHO

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ATTESTATION
I, Dominique-Chantale Alepin, am the ECF User whose identification and password are

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being used to file the JOINT STIPULATION AND ORDER REGARDING

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ADMISSIBILITY AND USE OF DEPOSITION TESTIMONY. In compliance with Civil

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Local Rule 5-1(i)(3), I hereby attest that Peter K. Huston has concurred in this filing.

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Dated: August 12, 2013

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By:
/s/ Dominique-Chantale Alepin
Dominique-Chantale Alepin

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Attorneys for Defendant Bazaarvoice, Inc.

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JOINT STIPULATION AND ORDER REGARDING
ADMISSIBILITY AND USE OF DEPOSITION
TESTIMONY
13-CV-0133 WHO

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