Board of Regents of the University of Nebraska v. BASF

Filing 493

MEMORANDUM AND ORDER. After consulting with counsel by telephone, and without finding that any party or lawyer has acted improperly, IT IS ORDERED that:1.Syngenta's motion for a continuance and for permission to contact witnesses 488 is grant ed as provided herein and it is otherwise denied.2.A continuance is granted. Trial of this matter shall commence on Monday, November 17, 2008, at 8:30 AM.3.Counsel for Syngenta may contact Dr. Mani Subramanian, without first consulting counsel for B ASF, to determine if Dr. Mani Subramanian will agree to appear in person to testify at trial. 4.Counsel for Syngenta may contact Dr. Paul Bernasconi, who is employed by BASF, to determine if Dr. Paul Bernasconi will agree to appear in person to test ify at trial. Since this witness is employed by BASF, counsel for Syngenta shall coordinate this contact and work through counsel for BASF.5.If Dr. Subramanian or Dr. Bernasconi or both of them refuse to appear in person to testify at trial, then:A. On or before 9:00 AM on Friday, November 14, 2008, counsel for Syngenta may submit newly edited versions of the earlier depositions of these witnesses.B.On or before 9:00 AM on Sunday, November 16, 2008, counsel for the University and counsel for Monsanto may submit counter designations. Ordered by Judge Richard G. Kopf. (KLL, )

THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA B O A R D OF REGENTS OF THE U N IV E R S IT Y OF NEBRASKA, ) ) ) P la in t if f , ) ) v s. ) ) B A S F CORPORATION, ) ) D e f e n d a n t, ) ) an d ) ) M O N S A N T O COMPANY, ) ) I n te rv e n in g Plaintiff, ) ) an d ) ) S Y N G E N T A CROP PROTECTION, ) I N C ., ) ) In terv en in g Defendant. ) 4 :0 4 C V 3 3 5 6

MEMORANDUM A N D ORDER

A fter consulting with counsel by telephone, and without finding that any party o r lawyer has acted improperly,

IT IS ORDERED that:
1. S y n g e n ta 's motion for a continuance and for permission to contact w itn esses (filing 488) is granted as provided herein and it is otherwise d e n ie d .

2.

A continuance is granted.

Trial of this matter shall commence on

M o n d ay, November 17, 2008, at 8:30 AM. 3. C o u n sel for Syngenta may contact Dr. Mani Subramanian, without first co n su ltin g counsel for BASF, to determine if Dr. Mani Subramanian will ag ree to appear in person to testify at trial. 4. C o u n s e l for Syngenta may contact Dr. Paul Bernasconi, who is employed b y BASF, to determine if Dr. Paul Bernasconi will agree to appear in p erso n to testify at trial. Since this witness is employed by BASF, co u n sel for Syngenta shall coordinate this contact and work through co u n sel for BASF. 5. If Dr. Subramanian or Dr. Bernasconi or both of them refuse to appear in p erso n to testify at trial, then: A. O n or before 9:00 AM on Friday, November 14, 2008, counsel for S y n g e n ta may submit newly edited versions of the earlier d ep o sitio n s of these witnesses. B. O n or before 9:00 AM on Sunday, November 16, 2008, counsel f o r the University and counsel for Monsanto may submit counter d e s ig n a tio n s . November 10, 2008. B Y THE COURT: s/ Richard G. Kopf U n ited States District Judge

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