United States Of America v. Bazaarvoice, Inc.

Filing 69

STIPULATION AND ORDER re 68 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Regarding the Exchange of Preliminary and Final Witness Lists filed by Bazaarvoice, Inc.. Signed by Judge Edward M. Chen on 6/7/13. (bpf, COURT STAFF) (Filed on 6/7/2013)

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BORIS FELDMAN, State Bar No. 128838
DYLAN J. LIDDIARD, State Bar No. 203055
DOMINIQUE C. 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]
Attorneys for Defendant
Bazaarvoice, Inc.
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,
v.
Bazaarvoice, Inc.,
Defendant.

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CASE NO.: 13-cv-0133-EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING THE
EXCHANGE OF PRELIMINARY
AND FINAL WITNESS LISTS

WHEREAS, on February 14, 2013, the Court held an initial Case Management

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Conference (“CMC”) at which time the parties, in an effort to focus and preserve discovery

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resources, agreed in principle to the exchange of preliminary witness list in advance of the close

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of fact discovery; and

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WHEREAS, the Court requested that the parties meet and confer concerning the
exchange of preliminary and final witness lists;
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:

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STIPULATION AND [PROPOSED] ORDER
REGARDING THE EXCHANGE OF PRELIMINARY
AND FINAL WITNESS LISTS
CASE NO. 13-CV-0133-EMC

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Stip and Proposed Order Final.doc

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witnesses that may be called live at trial, excluding experts (“Preliminary Witness List”);

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On or before June 10, 2013 the parties shall exchange preliminary lists of fact

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On or before June 28, 2013 the parties may supplement their Preliminary Witness

Lists (“Supplemented Preliminary Witness List”) by adding no more than ten (10) fact witnesses;

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3.

The parties shall exchange final trial witness lists (“Final Trial Witness List”) on

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August 6, 2013;

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4.

Absent good cause, witnesses that did not appear on a party’s Preliminary Witness

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List or Supplemented Preliminary Witness List shall be precluded from testifying live at trial;

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and

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5.

Notwithstanding the other limitations on discovery in this case, including the cutoff

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date for fact discovery, each party shall have the right to (1) seek documents from each witness

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(subject to the parties’ April 4 discovery protocol agreement) who appears on the opposing

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party’s Preliminary Witness List or Supplemented Preliminary Witness List, and (2) depose each

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witness for up to four (4) hours on the record, unless the party has previously deposed the

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witness in this litigation.

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STIPULATION AND [PROPOSED] ORDER
REGARDING THE EXCHANGE OF PRELIMINARY
AND FINAL WITNESS LISTS
CASE NO. 13-CV-0133-EMC

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Dated: June 6, 2013

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

Dated: June 6, 2013

By:
/s/ Dylan J. Liddiard
Dylan J. Liddiard
Wilson Sonsini Goodrich & Rosati
650 Page Mill Rd
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant Bazaarvoice, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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dwar
Judge E

ER

H

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STIPULATION AND [PROPOSED] ORDER
REGARDING THE EXCHANGE OF PRELIMINARY
AND FINAL WITNESS LISTS
CASE NO. 13-CV-0133-EMC

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en

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______________________________
The Honorable Edward M. Chen
RED
United StatesS SO ORDE
I District Judge

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6/7/13
Dated: _________________________

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S DISTRICT
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[PROPOSED] ORDER

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ATTESTATION

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I, Dylan J. Liddiard, am the ECF user whose identification and password are being used

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to file the STIPULATION AND [PROPOSED] ORDER REGARDING THE EXCHANGE

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OF PRELIMINARY AND FINAL WITNESS LISTS. In compliance with Civil L.R. 5-

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

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Dated: June 6, 2013

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By:
/s/ Dylan J. Liddiard
Dylan J. Liddiard
Wilson Sonsini Goodrich & Rosati
650 Page Mill Rd
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant Bazaarvoice, Inc.

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STIPULATION AND [PROPOSED] ORDER
REGARDING THE EXCHANGE OF PRELIMINARY
AND FINAL WITNESS LISTS
CASE NO. 13-CV-0133-EMC

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