Netlist, Inc v. Smart Modular Technologies, Inc

Filing 373

PRETRIAL ORDER NO. 4. Signed by Judge Yvonne Gonzalez Rogers on 3/5/15. (fs, COURT STAFF) (Filed on 3/5/2015)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 NETLIST, INC., 7 Plaintiff, 8 Case No.: 13-cv-5962 YGR VS. 9 PRETRIAL ORDER NO. 4 DIABLO TECHNOLOGIES, INC., Defendant. 10 11 The Court, having reviewed the parties’ submissions, issues the following orders: Northern District of California United States District Court 12 13 I. 14 DEPOSITION DESIGNATIONS Diablo’s objection to the deposition of John Vincent at 97:1-22 (No. 4) is SUSTAINED. All 15 other objections to Netlist’s designations of the depositions of John Vincent and Michael Takefman 16 by Diablo are OVERRULED. 17 18 19 20 Netlist’s objections to the deposition of Gail Sasaki are SUSTAINED IN PART as to 101:21102:12, and 130:16:25 (Nos. 5 and 6). Netlist’s objections to the deposition of Mario Martinez at 68:25-69:25, and 70:9-24 (Nos. 8 and 9) are SUSTAINED. All other objections to Diablo’s designations of the depositions of Sujoy Ray, John Vincent, Gail Sasaki, and Mario Martinez by 21 Netlist are OVERRULED. 22 II. MOTIONS IN LIMINE 23 A. Netlist’s Motion in Limine to Exclude Evidence Regarding Financing and 24 25 26 27 28 Licensing The Court has reviewed Defendant Diablo’s Offer of Proof Relating to the financial and licensing information Diablo seeks to admit. To the extent not otherwise ruled upon, the Court 1 RESERVES ruling until it determines the manner, purpose, and method by which the documents are 2 offered into evidence at trial. 3 B. 4 The parties are referred to the Court’s ruling on the deposition designations, above. This 5 6 7 8 9 Diablo’s Motion in Limine No. 1 (Anonymous Letter) appears to resolve the remaining matters at issue in this motion in limine. C. Diablo’s Motion in Limine No. 4 (HyperVault’s Use of Trade Secrets) Having reviewed the proffer submitted by Netlist, the motion in limine is DENIED. IT IS SO ORDERED. Dated: March 5, 2015 10 ______________________________________ 11 HON. YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE Northern District of California United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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