United States Of America v. Bazaarvoice, Inc.

Filing 175

JOINT STIPULATION AND ORDER REGARDING ADMISSIBILITY AND USE OF DEPOSITION TESTIMONY OF RATING-SYSTEM AT TRIAL re 164 STIPULATION WITH PROPOSED ORDER. Signed by Judge William H. Orrick on 09/23/2013. (jmdS, COURT STAFF) (Filed on 9/23/2013)

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1 6 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: (650) 493-9300 Facsimile: (650) 565-5100 Email: boris.feldman@wsgr.com; dliddiard@wsgr.com; dalepin@wsgr.com 7 Attorneys for Defendant Bazaarvoice, Inc. 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 United States of America, 13 ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, 14 v. 15 Bazaarvoice, Inc., 16 Defendant. 17 18 CASE NO.: 13-cv-0133 WHO JOINT STIPULATION AND ORDER REGARDING ADMISSIBILITY AND USE OF DEPOSITION TESTIMONY OF RATING-SYSTEM AT TRIAL Complaint Filed: Judge: Trial Date: January 10, 2013 Hon. William Orrick September 23, 2013 19 20 21 WHEREAS, the parties have met and conferred concerning the admissibility of deposition testimony provided by Rating-System; 22 WHEREAS, Rating-System’s headquarters are within 100 miles of the Court; 23 WHEREAS, Rating-System was deposed previously in this case; 24 WHEREAS, the parties believe in the interests of judicial efficiency and burden to the 25 witness, the Court should consider as evidence the deposition testimony of Rating-System; and 26 27 WHEREAS, the parties believe that the testimony of Rating-System should be presented by playing video excerpts of the deposition of Rating-System. 28 JOINT STIPULATION AND ORDER REGARDING ADMISSIBILITY OF DEPOSITION TESTIMONY OF RATING-SYSTEM 13-CV-0133 WHO -1- 1 NOW THEREFORE, it is hereby stipulated and agreed between Plaintiff and Defendant 2 through their respective counsel listed below, subject to the approval of the Court, that: 3 1. The parties shall be permitted to offer as substantive evidence the deposition 4 5 6 testimony of the corporate representative of Rating-System; and 2. The parties shall be permitted to play video excerpts of the deposition of RatingSystem at trial. 7 8 IT IS SO STIPULATED 9 10 Dated: September 22, 2013 11 12 13 By: /s/ Dominique-Chantale Alepin Dominique-Chantale Alepin Wilson Sonsini Goodrich & Rosati 650 Page Mill Rd Palo Alto, CA 94304 Telephone: (650) 493-9300 Facsimile: (650) 849-6811 E-mail: dalepin@wsgr.com 14 Attorneys for Defendant Bazaarvoice, Inc. 15 16 17 Dated: September 22, 2013 18 19 20 21 22 23 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: (415) 436-6660 Facsimile: (415) 436-6687 E-mail: peter.huston@usdoj.gov Attorneys for Plaintiff United States of America 24 25 26 27 28 JOINT STIPULATION AND ORDER REGARDING ADMISSIBILITY OF DEPOSITION TESTIMONY OF RATING-SYSTEM 13-CV-0133 WHO -2- 1 2 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. 3 4 Dated: September 23, 2013 Hon. William Orrick United States District Court Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND ORDER REGARDING ADMISSIBILITY OF DEPOSITION TESTIMONY OF RATING-SYSTEM 13-CV-0133 WHO -3- 1 ATTESTATION 2 I, Dominique-Chantale Alepin, am the ECF User whose identification and password are 3 being used to file the JOINT STIPULATION AND [PROPOSED] ORDER REGARDING 4 ADMISSIBILITY OF DEPOSITION TESTIMONY. In compliance with Civil Local Rule 5- 5 1(i)(3), I hereby attest that Peter K. Huston has concurred in this filing. 6 7 Dated: September 22, 2013 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 8 9 By: /s/ Dominique-Chantale Alepin Dominique-Chantale Alepin 10 11 Attorneys for Defendant Bazaarvoice, Inc. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND ORDER REGARDING ADMISSIBILITY OF DEPOSITION TESTIMONY OF RATING-SYSTEM 13-CV-0133 WHO -4-

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