Vargas et al v. Pfizer Inc. et al

Filing 97

PROPOSED PRETRIAL STATEMENT Plaintiffs' Joint Pre-Trial Order. Document filed by Ralph Vargas. (Attachments: # 1 Supplement Plaintiffs' Proposed Joint Pre-Trial Order# 2 Errata A to Plaintiffs' Joint Pre-Trial Order# 3 Exhibit B to Plaintiffs' Joint Pre-Trial Order# 4 Exhibit C to Plaintiffs' Joint Pre-Trial Order# 5 Affidavit Declaration of Paul Chin)(Chin, Paul)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

RALPH VARGAS and BLAND -

G.

H.

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

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' Original s Report Fig. 2 of Dr. Richard Boulanger' Original s Report Fig. 3 of Dr. Richard Boulanger' Original s Report Fig. 4 of Dr. Richard Boulanger' Original s Report Fig. 5 of Dr. Richard Boulanger' Original s Report Fig. 6 of Dr. Richard Boulanger' Original s Report Fig. 7 of Dr. Richard Boulanger' Original s Report Fig. 8 of Dr. Richard Boulanger' Original s Report Fig. 9 of Dr. Richard Boulanger' Original s Report Fig. 10 of Dr. Richard Boulanger' Original s Report Fig. 11 of Dr. Richard Boulanger' Original s Report Fig. 12 of Dr. Richard Boulanger' Original s Report Fig. 13 of Dr. Richard Boulanger' Original s Report Fig. 14 of Dr. Richard Boulanger' Original s 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

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

Fig. 15 of Dr. Richard Boulanger' Original s Report Fig. 16 of Dr. Richard Boulanger' Original s Report Fig. 17 of Dr. Richard Boulanger' Original s Report Fig. 18 of Dr. Richard Boulanger' Original s Report Fig. 19 of Dr. Richard Boulanger' Original s Report Fig. 20 of Dr. Richard Boulanger' Original s Report Fig. 21 of Dr. Richard Boulanger' Original s Report Fig. 22 of Dr. Richard Boulanger' Original s Report Fig. 23 of Dr. Richard Boulanger' Original s Report Fig. 24 of Dr. Richard Boulanger' Original s Report Fig. 25 of Dr. Richard Boulanger' Original s Report Fig. 26 of Dr. Richard Boulanger' Original s Report Fig. 27 of Dr. Richard Boulanger' Original s Report Fig. 28 of Dr. Richard Boulanger' Original s Report Fig. 29 of Dr. Richard Boulanger' Original s Report Fig. 30 of Dr. Richard Boulanger' Original s Report Fig. 31 of Dr. Richard Boulanger' Original s Report

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

Fig. 32 of Dr. Richard Boulanger' Original s Report Fig. 33 of Dr. Richard Boulanger' Original s Report Fig. 34 of Dr. Richard Boulanger' Original s Report Fig. 35 of Dr. Richard Boulanger' Original s Report Fig. 36 of Dr. Richard Boulanger' Original s Report Ex. 2 of Dr. Richard Boulanger' Rebuttal s Report Ex. 3 of Dr. Richard Boulanger' Rebuttal s Report Ex. 4 of Dr. Richard Boulanger' Rebuttal s Report Ex. 5 of Dr. Richard Boulanger' Rebuttal s Report Ex. 6 of Dr. Richard Boulanger' Rebuttal s Report Ex. 7 of Dr. Richard Boulanger' Rebuttal s Report Ex. 8 of Dr. Richard Boulanger' Rebuttal s Report Ex. 9 of Dr. Richard Boulanger' Rebuttal s Report Ex. 10 of Dr. Richard Boulanger' Rebuttal s Report Audio Sample CD of Dr. Richard Boulanger' Rebuttal Report, tracks 1 - 52 s Breakz from the Nu Skool (BT 00026 & 00027, two audio CDs) 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. Objection. Relevance. Only infringing composition should be admitted as evidence.

DDD. EEE.

FFF. GGG. HHH. III. JJJ

Aparthenonia, master version as rendered from Logic (BT 00021, audio CD, one track) James Brown Funky Drummer Comparisons, audio CD, 4 tracks (BT 00028) (Defendant' Deposition s Exhibit 4) 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)

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

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) New Order, Ruined in a Day, from the album Republic (US Release) (BT 00025, audio CD Track 4)

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. Objection. Not produced during discovery. No relevance

OOO.

PPP.

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) Billy Joel, Big Shot, from the album Greatest Hits, Vol. II (BT 00029, audio CD track 3)

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

QQQ.

RRR.

SSS.

TTT.

UUU.

VVV.

WWW

XXX

YYY

ZZZ

Chicago, We Can' Stop the Hurtin' from t , 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' Got a Brand New s Bag, from album 20 All Time Greatest Hits (BT 00029, audio CD track 6) Plaintiffs'Responses and Objections to Fluid Music' Document Requests s (7/24/2005) Plaintiffs'Responses and Objections to Fluid Music' Interrogatories (7/24/2005) s Plaintiffs'Responses and Objections to Fluid Music' Requests to Admit s (7/24/2005) Plaintiffs'Responses and Objections to Document Requests (Nov. 9, 2005)

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.

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) Plaintiffs'Supplemental Responses and Objections to Interrogatories (7/26/2006) (with Roberts' verification dated s 7/28/2006 and Vargas' verification dated s 7/28/2006) KKKK 7/26/2006 Letter from Paul Chin to Julie Ahrens re discovery JJJJ LLLL 8/28/2006 Letter from Julie Ahrens to Paul Chin re discovery 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 Objection. Neither Plaintiffs counsel nor Defendants'counsel will be witnesses at trial