Vargas et al v. Pfizer Inc. et al

Filing 102

JOINT PRETRIAL STATEMENT. Document filed by Brian Transeau. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Ahrens, Julie)

Vargas et al v. Pfizer Inc. et al

Doc. 102 Att. 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

RALPH VARGAS and BLAND - RICKY ROBERTS, Plaintiffs, - V. PFIZER INC., PUBLICIS, INC., FLUID MUSIC, EAST WEST COMMUNICATIONS, INC., and BRIAN TRANSEAU p/k/a "BT", Defendants.

Case No.:

04 CV 9772 (WHP) ECF Case

[PROPOSED] JOINT PRETRIAL ORDER EXHIBIT C DEFENDANTS' EXHIBIT LIST Defendants expect to introduce the following exhibits in the trial of this matter. Plaintiffs' objections, if any, are noted.

No. A. B. C. D.

Description Second Amended Complaint BT's Answer to Second Amended Complaint East West's Answer to Second Amended Complaint Exhibit B of Anthony Ricigliano's Declaration, Pro Tools Waveform Graphs of Celebrex commercial, Aparthenonia and BDG Exhibit C of Anthony Ricigliano's Declaration, Excerpts of Drum Training/Method Books

Plaintiffs' Objection(s)

Objection. This waveform graph was not produced with Ricigliano's declaration, not produced during discovery.

E.

Dockets.Justia.com

F. G.

H.

I. J. K. L. M. N. O. P. Q. R. S. T. U.

Exhibit D of Anthony Ricigliano's Declaration, audio CD with 11 tracks and written transcriptions of the audio tracks Exhibit A of Anthony Ricigliano's Supplemental Declaration, "Drums of indefinite pitch," The New Harvard Dictionary of Music Exhibit B of Anthony Ricigliano's Supplemental Declaration, Turek, The Elements of Music: Concepts and Applications Volume 1, selected pages Fig. 1 of Dr. Richard Boulanger's Original Report Fig. 2 of Dr. Richard Boulanger's Original Report Fig. 3 of Dr. Richard Boulanger's Original Report Fig. 4 of Dr. Richard Boulanger's Original Report Fig. 5 of Dr. Richard Boulanger's Original Report Fig. 6 of Dr. Richard Boulanger's Original Report Fig. 7 of Dr. Richard Boulanger's Original Report Fig. 8 of Dr. Richard Boulanger's Original Report Fig. 9 of Dr. Richard Boulanger's Original Report Fig. 10 of Dr. Richard Boulanger's Original Report Fig. 11 of Dr. Richard Boulanger's Original Report Fig. 12 of Dr. Richard Boulanger's Original Report Fig. 13 of Dr. Richard Boulanger's Original Report

Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial

V. W. X. Y. Z. AA. BB. CC. DD. EE. FF. GG. HH. II. JJ. KK. LL.

Fig. 14 of Dr. Richard Boulanger's Original Report Fig. 15 of Dr. Richard Boulanger's Original Report Fig. 16 of Dr. Richard Boulanger's Original Report Fig. 17 of Dr. Richard Boulanger's Original Report Fig. 18 of Dr. Richard Boulanger's Original Report Fig. 19 of Dr. Richard Boulanger's Original Report Fig. 20 of Dr. Richard Boulanger's Original Report Fig. 21 of Dr. Richard Boulanger's Original Report Fig. 22 of Dr. Richard Boulanger's Original Report Fig. 23 of Dr. Richard Boulanger's Original Report Fig. 24 of Dr. Richard Boulanger's Original Report Fig. 25 of Dr. Richard Boulanger's Original Report Fig. 26 of Dr. Richard Boulanger's Original Report Fig. 27 of Dr. Richard Boulanger's Original Report Fig. 28 of Dr. Richard Boulanger's Original Report Fig. 29 of Dr. Richard Boulanger's Original Report Fig. 30 of Dr. Richard Boulanger's Original Report

MM. NN. OO. PP. QQ. RR. SS. TT. UU. VV. WW. XX. YY. ZZ. AAA. BBB.

Fig. 31 of Dr. Richard Boulanger's Original Report Fig. 32 of Dr. Richard Boulanger's Original Report Fig. 33 of Dr. Richard Boulanger's Original Report Fig. 34 of Dr. Richard Boulanger's Original Report Fig. 35 of Dr. Richard Boulanger's Original Report Fig. 36 of Dr. Richard Boulanger's Original Report Ex. 2 of Dr. Richard Boulanger's Rebuttal Report Ex. 3 of Dr. Richard Boulanger's Rebuttal Report Ex. 4 of Dr. Richard Boulanger's Rebuttal Report Ex. 5 of Dr. Richard Boulanger's Rebuttal Report Ex. 6 of Dr. Richard Boulanger's Rebuttal Report Ex. 7 of Dr. Richard Boulanger's Rebuttal Report Ex. 8 of Dr. Richard Boulanger's Rebuttal Report Ex. 9 of Dr. Richard Boulanger's Rebuttal Report Ex. 10 of Dr. Richard Boulanger's Rebuttal Report Audio Sample CD of Dr. Richard Boulanger's Rebuttal Report, tracks 1 - 52 Objection. Not produced during discovery. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. Motion in Limine to preclude introduction at trial.

CCC. DDD. EEE.

Breakz from the Nu Skool (BT 00026 & 00027, two audio CDs)

FFF. GGG. HHH. III. JJJ

Objection. Relevance. Only infringing composition should be admitted as evidence. Aparthenonia, master version as rendered Objection. Not produced during from Logic (BT 00021, audio CD, one discovery. Motion in Limine to track) preclude introduction at trial. James Brown Funky Drummer Objection. Not produced during Comparisons, audio CD, 4 tracks discovery. No relevance. Motion (BT 00028) (Defendant's Deposition Exhibit in Limine to preclude 4) introduction at trial. Royalty Report for January 2003 December 2004 re: BT (EW 007) Royalty Report for June 2002 - December 2002 re: BT (EW 008) Royalty Report for October 2001 - June 2002 (EW 009) Agreement between Brian Transeau and East West Communications, dated 4/6/2001 (EW 001-006) Confidential Settlement Agreement and General Release (FL 001 - FL 014) Audio CD Edan, Sound of The Funky Drummer, with track list (BT 00022 00024) LL Cool J, Mama Said Knock You Out, from the album All World: Greatest Hits (BT 00025, audio CD Track 1)

KKK.

LLL.

MMM. Pop Will Eat Itself, Not Now James, We're Busy, from the album This Is the Day...This Is the Hour...This Is This!! (BT 00025, audio CD Track 2) NNN. Sinéad O'Connor, I Am Stretched Out on Your Grave, from the album I Do Not Want What I Haven't Got (BT 00025, audio CD Track 3)

Objection. Not produced during discovery. Inadmissible. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial.

OOO.

New Order, Ruined in a Day, from the album Republic (US Release) (BT 00025, audio CD Track 4) Nine Inch Nails, Piggy (Nothing Can Stop Me Now), from the album Further Down the Spiral (BT 00025, audio CD Track 5) Fine Young Cannibals, I'm Not the Man I Used to Be, from the album The Raw & the Cooked (BT 00025, audio CD Track 6) MC Frontalot, Good Old Clyde, from the album Nerdcore Hiphop (demo) (BT 00025, audio CD Track 7) Dr. Dre, Let Me Ride, from the album The Chronic (BT 00025, audio CD Track 8) Public Enemy, Fight the Power, from the album 20th Century Masters - The Millennium Collection: The Best of Public Enemy (BT 00025, audio CD Track 9) Chubb Rock & Hitman Howie Tee, Talkin' Loud, Ain't Sayin' Jack, from the album And the Winner Is? (BT 00025, audio CD Track 10) The Pharcyde, Officer, from the album Bizarre Ride II (BT 00025, audio CD Track 11) Elton John, Little Jeanie, from the album Greatest Hits, Vol. III (BT 00025, audio CD track 11) Elton John, Sad Songs Say so Much, from the album Greatest Hits, Vol. III (BT 00029, audio CD track 2)

Objection. Not produced during discovery. No relevance Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial.

PPP.

QQQ.

RRR.

SSS.

TTT.

UUU.

VVV.

WWW

XXX

YYY

Billy Joel, Big Shot, from the album Greatest Hits, Vol. II (BT 00029, audio CD track 3) Chicago, We Can't Stop the Hurtin', from the album Chicago 17 (BT 00029, audio CD track 4) The Miracles, Love Machine, from the album Love Machine (BT 00029, audio CD track 5) James Brown, Papa's Got a Brand New Bag, from album 20 All Time Greatest Hits (BT 00029, audio CD track 6) Plaintiffs' Responses and Objections to Fluid Music's Document Requests (7/24/2005) Plaintiffs' Responses and Objections to Fluid Music's Interrogatories (7/24/2005) Plaintiffs' Responses and Objections to Fluid Music's Requests to Admit (7/24/2005) Plaintiffs' Responses and Objections to Document Requests (Nov. 9, 2005)

ZZZ

AAAA

BBBB

Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial. Objection. Not produced during discovery. No relevance. Motion in Limine to preclude introduction at trial.

CCCC DDDD EEEE FFFF

GGGG Plaintiffs' Supplemental Responses and Objections to Document Requests (April 11, 2006) HHHH Plaintiffs' Second Supplemental Response and Objections to Document Requests (7/26/2006) Plaintiffs' Responses and Objections to IIII Interrogatories (11/9/2005) JJJJ Plaintiffs' Supplemental Responses and Objections to Interrogatories (7/26/2006) (with Roberts's verification dated 7/28/2006 and Vargas's verification dated 7/28/2006) Objection. Cumulative. Defendants are already producing this document. Motion in Limine to preclude introduction at trial. Objection. Neither Plaintiffs' counsel nor Defendants' counsel will be witnesses at trial

KKKK 7/26/2006 Letter from Paul Chin to Julie Ahrens re discovery

LLLL

8/28/2006 Letter from Julie Ahrens to Paul Chin re discovery

Objection. Neither Plaintiffs counsel nor Defendants' counsel will be witnesses at trial