1st Technology LLC v. Rational Enterprises Ltda. et al

Filing 67

OBJECTION Defendant's Evidentiary Objections to 36 Plaintiff's Exhibit 3, Find Articles.com Articile Entitled "Update: BODOG uses offshore statud to evade U.S. Lawsuit, according to Bluemoon Entertainment" filed by Defendants Bodog Entertainment Group S.A., Bodog.net, Bodog.com. (McCrea, Jr., Charles) Modified to add docket relationship on 10/23/2007. (MAJ)

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1st Technology LLC v. Rational Enterprises Ltda. et al Doc. 67 Case 2:06-cv-01110-RLH-GWF Document 67 Filed 10/01/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Charles McCrea (NV State Bar No. 104) LIONEL SAWYER & COLLINS 1700 Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101 Tel 702.383.8981 Fax 702.383.8845 cmccrea@lionelsawyer.com James D. Nguyen (CA State Bar No. 179370) Victor de Gyarfas (CA State Bar No. 171950) Uleses C. Henderson, Jr. (CA State Bar No. 225246) Pro Hac Vice Applications To Be Submitted FOLEY & LARDNER LLP 2029 Century Park East, 35th Floor Los Angeles, California 90067-3021 Tel: 310-277-2223; Fax: 310-557-8475 jnguyen@foley.com uhenderson@foley.com Attorneys for Specially Appearing Defendants BODOG ENTERTAINMENT GROUP S.A., and erroneously named Specially Appearing Defendants BODOG.NET and BODOG.COM UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 1ST TECHNOLOGY LLC, Plaintiff, vs. RATIONAL ENTERPRISES LTDA., RATIONAL POKER SCHOOL LIMITED, BODOG ENTERTAINMENT GROUP S.A., BODOG.NET, BODOG.COM, AND FUTUREBET SYSTEMS LTD., Defendants. Case No: 2:06-cv-1110-RLH-GWF DEFENDANT'S EVIDENTIARY OBJECTIONS TO PLAINTIFF'S EXHIBIT 3, FINDARTICLES.COM ARTICLE ENTITLED "UPDATE: BODOG USES OFFSHORE STATUS TO EVADE U.S. LAWSUIT, ACCORDING TO BLUEMOON ENTERTAINMENT" Date: October 11, 2007 Time: 9:00 a.m. Courtroom: 6C LACA_876611.1 Dockets.Justia.com Case 2:06-cv-01110-RLH-GWF Document 67 Filed 10/01/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LACA_876611.1 Specially appearing defendants, Bodog Entertainment Group S.A. (Costa Rica), Bodog.net, and Bodog.com ("Defendants") (who challenge jurisdiction), hereby submit the following objections to Exhibit 3, submitted in support of 1st Technology LLC's Response to Motion to Set Aside Default Judgment. Defendant objects to the admissibility of Exhibit 3, a copy of an article entitled "Bodog Uses Offshore Status to Evade U.S. Lawsuit, According to Bluemoon Entertainment." The article is inadmissible because (1) it is irrelevant, (2) is inadmissible hearsay, and (3) its probative value is substantially outweighed by the risk of unfair prejudice, confusion of the issues, undue delay, and waste of time. 1. The article is irrelevant because it provides no information that is relevant to the underlying cause of action for patent infringement or the jurisdictional issues raised in Defendant's motion to set aside. The article lacks any logical connection to the central matter in this case: the elements of patent infringement contained in 18 U.S.C. § 271 ("Infringement of Patent"). Likewise, there is no information in the article that suggests one way or the other whether the Defendant was properly served process--the subject of the underlying Motion to Set Aside. 2. The article is inadmissible hearsay because it is based on out of court statements by the author of the article and the lawyers who were quoted therein (FRE 801). Plaintiff is presumably offering these statements to prove the truth of the matters asserted in the article. Thus, Exhibit 3 should be excluded under FRE 802. 3. The article is inadmissible under FRE 403 because its probative value--if there is any--is substantially outweighed by the danger of unfair prejudice, confusion of the issues, and considerations of undue delay and waste of time. The article creates a substantial risk of unfair prejudice because it unfairly and negatively portrays Defendant's offshore status. For this reason, the article risks undue delay and waste of time because the information it 1 Case 2:06-cv-01110-RLH-GWF Document 67 Filed 10/01/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LACA_876611.1 contains bears no relationship at all to the legal issues presented in this case--patent infringement and proper service of process. Dated: October 1, 2007 By: /s/ Charles McCrea Charles McCrea LIONEL SAWYER & COLLINS Attorneys for Specially Appearing Defendants BODOG ENTERTAINMENT GROUP S.A., and erroneously named Specially Appearing Defendants BODOG.NET and BODOG.COM 2

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