Hako-Med USA, Inc. v. Axiom Worldwide, Inc. et al

Filing 151

ORDER granting 141 Motion to operate electronic equipment and granting 142 Motion to allow electronic equipment. See the Order for details and restrictions. Signed by Judge Virginia M. Hernandez Covington on 5/27/2009. (ACD)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION HAKO-MED USA, et al., Plaintiff, v. AXIOM WORLDWIDE, INC., et al., Defendant. ______________________________/ ORDER Before the Court are the parties' Joint Motion for Order Granting Parties Permission to Use & Operate Electronic Medical Devices as Demonstrative Evidence at Trial (Doc. 141) and Joint Motion for Security Order Granting Parties' Counsel Permission to Use & Operate Electronic Devices at Trial (Doc. Case No.: 8:06-cv-1790-T-33EAJ

142)(collectively, the "Motions").

The Court finds that the

Motions (Docs. 141 and 142) should be granted in accordance with the restrictions and limited to the people listed below. The parties seek permission devices to into by bring the the the following States States

demonstrative Courthouse,

electronic security

Unites United

for

inspection

Marshals Service, storage in the Courtroom designated for trial and use and operation by the parties during the trial: · One ProElecDT2000 (Plaintiffs);

· · ·

One EPS8000/NVP8500 device (Plaintiffs); One EPS8000/NVP8500 device (Defendants);

One additional EPS8000/NVP8500 device to be presented by Defendants should the Court deny Defendants' Motion in Limine to Exclude Plaintiffs from Introducing Evidence Concerning Axiom's Revised EPS8000 Devices (Doc. 133); One oscilloscope (Plaintiffs); Two oscilloscopes (Defendants); One laptop (Defendants); One load register (Plaintiffs); One load register (Defendants).

· · · · ·

The Court finds that, unless directed otherwise by a later Order, the parties shall be allowed to bring the electronic devices listed above into the United States Courthouse for use during the trial scheduled in this case. The parties also ask that their respective counsel be allowed to bring any laptop computer, personal digital assistant (PDA) and/or cellular phone for use during the trial scheduled in this case. (1) (2) (3) (4) (5) Those counsel are:

Craig M. Rappel Patrick J. Arnold, Jr. David Z. Petty L. Joseph Shaheen, Jr. Mitch Robiner
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The Court finds that the parties' counsel listed above shall be limited to one laptop computer, personal digital

assistant (PDA) and/or cellular phone each for use during the trial. It should be noted that taking pictures inside the Also, counsel

Courthouse with camera telephones is forbidden.

shall place any cellular phone on vibrate, and restrain the use of the cellular any phone to the exterior of the and Courthouse. all other

Further,

cellular

phone,

computer,

technological equipment are subject to inspection at any time by the Court Security Officers and United States Marshals. Counsel may be called upon to present a copy of this Order to Court Security Officers at any time prior to being permitted to bring technological equipment, including laptop computers, cellular phones and PDAs, into the Courthouse. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) Joint Motion for Order Granting Parties Permission to Use & Operate Electronic Medical Devices as Demonstrative

Evidence at Trial (Doc. 141) is GRANTED, subject to the restrictions set forth above. (2) Joint Motion for Security Order Granting Parties' Counsel Permission to Use & Operate Electronic Devices at Trial

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(Doc. 142) is GRANTED, subject to the restrictions set forth above. DONE and ORDERED in Chambers in Tampa, Florida, this 27th day of May, 2009.

Copies to: All counsel of record United States Marshals Service

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