Fairey et al v. The Associated Press

Filing 242

JOINT PRETRIAL STATEMENT /Proposed Joint Pretrial Order. Document filed by One 3 Two, Inc., The Associated Press. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Cendali, Dale)

Fairey et al v. The Associated Press

Doc. 242 Att. 5

THE AP'S LIST OF WITNESSES The AP submits the following witnesses to testify at trial by appearance or by way of deposition transcript. Because the full extent of evidence and legal issues necessary for trial have not been fully determined and numerous motions in limine are pending, the AP reserves the right to add to or subtract from its witness list as necessary. In addition, Obey Clothing has twenty-four witnesses on its witness list, many of whom the AP does not believe have any relevant testimony to offer, including: (i) Jessica Bruce (workfor-hire issues re Mannie Garcia no longer at issue); (ii) Frank Cost (subject of motion in limine regarding rubylith evidence); (iii) Farah DeGrave (hypothetical license fee issues no longer at issue); (iv) Gabriele Goldaper (subject of motion in limine re Daubert to exclude); (v) Ellen Hale (no relevant information to offer); (vi) John Hall (work-for-hire issues re Mannie Garcia no longer at issue); (vii) Srinandan Kasi (no relevant information to offer); (viii) Laura Malone (testimony resolved by stipulation); (ix) Wayne Partlow (work-for-hire issues re Mannie Garcia no longer at issue); (x) Gregory Payan (hypothetical license fee issues no longer at issue); (x) Marita Sturken (subject of motion in limine re substantial similarity); and (xi) a fact witness representative of trial counsel, Kirkland & Ellis LLP. Depending on whether any of these witnesses are permitted to testify, the AP reserves the right to add to its witness list to offer rebuttal testimony. 1. David Ake 2. Chris Broders 3. Laurie Dahlberg 4. Ken Dale (only necessary depending on outcome of motions in limine or to rebut) 5. Mike Essl 6. Amanda Fairey (unavailable witness appearing by deposition designation) 7. Shepard Fairey (has stated that he will be available, but will not accept service of a trial subpoena; AP reserves the right to designate deposition if the witness becomes unavailable) 8. Mannie Garcia (unavailable witness appearing by deposition designation) 9. James Gerberich 10. Brad Grossman

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11. Don Juncal 12. Kathleen Kedrowski 13. William Landes 14. Olivia Perches (unavailable witness appearing by deposition designation) 15. Blake Sell (only necessary depending on outcome of motions in limine or to rebut) 16. Adam van Berckalaer

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